Terms and Conditions

Table of contents

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal; read everything about the cooling-off period.
2. Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
3. Day: calendar day.
4. Long-term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
5. Durable medium: any means that allows information addressed personally to someone to be stored for future consultation and unchanged reproduction.
6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
7. Model form: the model withdrawal form that the entrepreneur makes available to makes available.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
9. Distance contract: an agreement concluded exclusively by means of distance communication techniques.
10. Distance communication technique: means that can be used without the consumer and entrepreneur being in the same room at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

4everaloevera

Address: Laurens Janszn. Costerstraat 4F, 3261LH Oud-Beijerland, Nederland
Phone: (064) 482-7235
E-mail: info@4everaloevera.nl
Chamber of Commerce number: 85228583
VAT number: NL863553461B01

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract between entrepreneur and consumer.
2. Before the contract is concluded, the text of these terms and conditions will be made available to the consumer.
3. If the contract is concluded electronically, these terms and conditions may be made available electronically.
4. In the event of conflicting terms and conditions, the provision most favorable to the consumer shall always apply.
5. If any provision is null and void or voidable, the remaining provisions shall remain in full force.
6. Situations not covered shall be assessed in the spirit of these terms and conditions.
7. Any ambiguities shall be interpreted in the spirit of these terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated.
2. The offer is non-binding. The entrepreneur may change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered.
4. Images and specifications are indicative and cannot give rise to compensation or dissolution.
5. Images represent the products as truthfully as possible, but colors may differ.
6. The offer contains clear information about rights and obligations upon acceptance.

Article 5 - The contract

1. The contract is concluded when the consumer accepts the offer and complies with the stated conditions.
2. In the case of electronic acceptance, the entrepreneur shall confirm receipt thereof without delay.
3. The entrepreneur shall take appropriate technical and organizational security measures for electronic contracts.
4. Within the legal framework, the entrepreneur may investigate whether the consumer can meet their payment obligations.
5. Upon delivery, the entrepreneur shall provide all relevant information in writing or on a durable medium.
6. Every contract is entered into subject to sufficient availability of products.

Article 6 - Right of withdrawal

For the delivery of products:

1. The consumer has the right to dissolve the contract without stating reasons for a period of 14 days after receipt.
2. During the cooling-off period, the consumer must handle the product and packaging with care.
3. When exercising the right of withdrawal, this must be communicated within 14 days.
4. After notification, the product must be returned within 14 days.

For the provision of services:

1. For services, the consumer has the right to terminate the agreement for at least 14 days.
2. The consumer must follow the reasonable instructions provided by the entrepreneur.

Article 7 - Costs in case of withdrawal

1. In the event of withdrawal, the costs of return shipping are borne by the consumer.
2. Amounts already paid will be refunded no later than within 14 days, provided the product has been received back or proof of return has been provided.
3. In case of careless handling, depreciation in value may be charged.
4. The consumer is not liable for depreciation in value if mandatory information about withdrawal was not provided correctly.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur may exclude the right of withdrawal for products and services permitted by law, provided this is clearly stated.
2. This applies, among other things, to perishable products, hygienic products with a broken seal, and personalized products.
3. Exclusion may also apply to certain services, such as leisure activities on specific dates.

Article 9 - The price

1. Prices will not be increased during the validity period of the offer, except for changes in VAT rates.
2. The prices stated in the offer include VAT.
3. Printing and typographical errors are not binding on the entrepreneur.

Article 10 - Conformity and warranty

1. The entrepreneur guarantees that products and services comply with the agreement and reasonable standards of soundness.
2. Guarantees from the manufacturer or importer do not affect the consumer's statutory rights.
3. Defects must be reported within 2 months of discovery.
4. The warranty does not apply in cases of improper use, careless handling, or repairs carried out by the consumer.

Article 11 - Delivery and performance

1. The entrepreneur will handle and fulfill orders with due care.
2. The address provided by the consumer shall be regarded as the place of delivery.
3. Orders will be fulfilled as quickly as possible, but no later than within 30 days, unless otherwise agreed.
4. Delivery periods are indicative and do not entitle the consumer to compensation.
5. In the event of termination, the amount paid will be refunded within 14 days.
6. If delivery proves impossible, a replacement item may be offered.
7. The risk of damage or loss remains with the entrepreneur until delivery to the consumer.

Article 12 - Ongoing transactions: duration, termination and renewal

Termination

1. Agreements for an indefinite period may be terminated at any time with a notice period of no more than one month.
2. Agreements for a fixed period may be terminated at the end of the term with a notice period of no more than one month.
3. Termination must be possible in the same way as the agreement was entered into.

Renewal

1. Fixed-term agreements may not be may not be tacitly renewed for a fixed period, except in cases permitted by law.

Duration

1. For agreements lasting more than one year, the consumer may terminate the agreement at any time after one year, subject to a notice period of no more than one month.

Article 13 - Payment

1. Unless otherwise agreed, amounts due must be paid within 7 working days.
2. The consumer must report inaccuracies in payment details to the entrepreneur without delay.
3. In the event of non-payment, the entrepreneur may charge reasonable costs.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure.
2. Complaints must be submitted within 2 months of discovery and clearly described.
3. Complaints will be answered within 14 days, or the consumer will receive a message stating the expected handling period.
4. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
5. The consumer may contact WebwinkelKeur or the European ODR platform via ec.europa.eu/odr.
6. A complaint does not suspend the entrepreneur's obligations, unless stated otherwise in writing.
7. If a complaint is found to be justified, the entrepreneur will replace or repair the product free of charge.

Article 15 - Disputes

1. Agreements between the entrepreneur and the consumer are governed exclusively by Dutch law.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or on a durable data carrier.

Article 17 - Customer responsibility during shipping

Customers are responsible for correctly and completely entering their address details and for tracking their order.

If an order cannot be delivered or is returned due to incorrect address details, the costs of a second shipment will be borne by the customer. The cost of reshipment is €6,95.

If the customer does not want reshipment, the purchase amount will be refunded excluding shipping costs. The customer may also choose to place a new order.

Therefore, always check your address details carefully and track your order in time.