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 not acting in the exercise of a trade or business who enters into a distance contract with the entrepreneur;

Day: calendar day;

Ongoing transaction: a distance contract for a series of products and/or services, with obligations for periodic delivery and/or acceptance spread over time;

Durable medium: any means that allows the consumer or entrepreneur to store information addressed to them personally, in a way that enables future access and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

Distance contract: an agreement where, in the context of an organized system operated by the entrepreneur for distance sales of products and/or services, up to and including the conclusion of the contract, only one or more methods of distance communication are used;

Means of distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same space simultaneously.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Loventus

Verdunplein 17, 5627 SZ Eindhoven, Netherlands
(No visiting or return address)

info@loventus.com
+31616709304

Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the entrepreneur and to all distance contracts and orders concluded 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 reasonably impossible, it will be indicated before the distance contract is concluded that the general terms can be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions will be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is reasonably impossible, it will be indicated where the General Terms and Conditions can be read electronically and that they will be sent electronically or otherwise at the consumer's request, free of charge.
If additional specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the most favorable provision applicable to them in case of conflicting General Terms and Conditions.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or nullified, the agreement and the rest of these General Terms and Conditions will remain in effect, and the relevant provision will be replaced immediately by a provision that comes as close as possible to the original in terms of intent.

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 change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, technical details in the offer are indicative and cannot lead to compensation or dissolution of the contract.
Each offer includes such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer, including:
- the price, excluding any customs and import VAT costs, which are the customer’s responsibility;
- any delivery costs;
- the manner in which the agreement will be concluded and what actions are required for it;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery, and performance of the contract;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- whether the contract will be archived after its conclusion, and if so, in what way it can be accessed by the consumer;
- the manner in which the consumer can check and, if necessary, correct the information they provided before concluding the contract;
- the possible languages in which, in addition to English, the contract may be concluded;
- the codes of conduct that the entrepreneur is subject to and how the consumer can consult these codes electronically; and
- the minimum duration of the distance contract in the case of a continuous transaction.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance of the offer by the consumer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer 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.

Article 6 – Withdrawal Rights
When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the product has been received by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, the consumer will return the product with all accessories supplied, in its original condition and packaging, if reasonably possible, in accordance with the entrepreneur's reasonable and clear instructions.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible, but no later than 14 days after the cancellation, provided that the product has already been received back by the web retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the 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 applies only if the
entrepreneur has clearly stated this at the time of entering into the contract in the offer.
Exclusion of the right of withdrawal is only possible for products:
1. that have been manufactured by the entrepreneur according to the consumer’s specifications;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that may spoil or age quickly;
5. whose price is subject to fluctuations in the financial market over which the
entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software that the
consumer has unsealed;
8. for hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
1. regarding accommodation, transportation, catering, or leisure activities to be performed on a specific date or during a specific period;
2. whose delivery began with the consumer’s explicit consent before the
end of the withdrawal period;
3. related to betting and lotteries.

Article 9 – Price
During the validity period mentioned in the offer, the prices of the offered
products and/or services will not be raised due to VAT rate changes.
Notwithstanding the above, the entrepreneur may offer products or
services whose prices are subject to fluctuations in the financial market,
over which the entrepreneur has no influence, and provide variable prices.
This fluctuation dependency and the fact that the stated prices are guide prices will be stated in the offer.
Price increases within 3 months after contract formation are only permitted if
they are due to legal regulations or provisions.
Price increases from 3 months after contract formation are only permitted if the
entrepreneur has stipulated this and:
1. these are the result of legal regulations or provisions; or
2. the consumer has the right to terminate the contract effective from the date
the price increase takes effect.
The price during the validity period mentioned in the offer will not be raised, with the exception of price changes due to VAT rate changes.
The ordered product is registered by the postal service on behalf of the consumer.
The postal service subsequently charges the import VAT or handling fees to the customer.
Therefore, no VAT is charged by the entrepreneur.
All prices are subject to printing and typesetting errors. The entrepreneur is not
liable for the consequences of printing and typesetting errors. In the case of printing
and typesetting errors, the entrepreneur is not obligated 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 contract,
the specifications stated in the offer, reasonable requirements of reliability and usability,
and existing legal provisions and/or government regulations on the date of the contract.
If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the
legal rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the
entrepreneur in writing within 30 days after delivery. The products must
be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period.
However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual use by the consumer, nor for 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 had them repaired and/or modified by third parties;
the delivered products were exposed to abnormal conditions or were otherwise handled negligently or contrary to the instructions of the entrepreneur and/or on the packaging;
the defectiveness is wholly or partly due to government regulations
regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
the utmost care in execution of product orders
Delivery location is the address that the consumer has provided to the entrepreneur.
Observing the provisions of Article 4 of these General Terms and Conditions,
the entrepreneur will promptly dispatch accepted orders but no later than within 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge and is entitled to compensation.
In case of termination as described above, the entrepreneur will refund the amount
the consumer has paid as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will
endeavor to make a replacement product available.
The fact that a replacement product is being delivered will be communicated clearly
and understandably no later than at the time of delivery. For replacement products,
the right of withdrawal cannot be excluded.
The risk of damage and/or loss of products lies with the entrepreneur until the time
of delivery to the consumer or a previously designated and representative person made known to the entrepreneur unless expressly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an indefinite contract that includes the regular delivery
of products (including electricity) or services at any time with a notice period not exceeding one month.
The consumer may terminate a fixed-term contract that includes the regular delivery
of products (including electricity) or services at any time at the end of the specified duration, observing the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
at any time and not restricted to termination at a specific time or in a specific period;
at least as they were concluded by the consumer; always with the same
notice period that the entrepreneur has stipulated for themselves.
Renewal
A fixed-term contract that includes the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery
of daily news and weekly newspapers and magazines may be tacitly renewed for a specific period of up to three months if the consumer can terminate at the end of the renewal period with a notice period not exceeding one month.
A fixed-term contract that includes regular delivery of products or services can only be
tacitly renewed 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 up to three months if the contract includes regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
A limited-time agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the
contract at any time after one year with a notice period not exceeding one month unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, amounts due by the consumer must be paid within 7 business days
after the start of the cooling-off period according to paragraph 1.
This period begins after the consumer has received confirmation of the contract.
The consumer is obligated to report inaccuracies in the payment data provided
to the entrepreneur without delay.
If the consumer fails to make payment, the entrepreneur is entitled, subject to legal
limitations, to charge reasonable costs as previously disclosed to the consumer.

Article 14 – Complaint Procedure
Complaints about the execution of the contract must be submitted within 7 days
and clearly described and communicated to the entrepreneur after the
consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days
from the date of receipt. If a complaint requires a foreseeable 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 answer.
If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to dispute resolution.
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 replace or repair the delivered products free of charge at their discretion.

Article 15 – Disputes
For agreements between the entrepreneur and the consumer, to which these
General Terms and Conditions apply, only Dutch law applies.
This also applies if the consumer lives abroad.