Terms and Conditions

Table of Contents

Article 1 – Definitions

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

  1. Cooling-off period: the statutory period during which the consumer may exercise the right of withdrawal.
  2. Consumer: a natural person acting for purposes outside their trade, business, craft or profession who enters into a distance contract with the company.
  3. Day: a calendar day.
  4. Ongoing contract: a distance contract relating to the regular supply of products or services over a specified period.
  5. Durable medium: any instrument that enables the consumer or the company to store information addressed personally to them in a way that allows future access and unchanged reproduction.
  6. Right of withdrawal: the consumer's statutory right to cancel a distance contract within the cooling-off period.
  7. Model withdrawal form: the model form made available by the company for consumers who wish to exercise their right of withdrawal.
  8. Company: 4everaloevera, the natural or legal person offering products or services to consumers at a distance.
  9. Distance contract: a contract concluded between the company and the consumer under an organised distance sales system without the simultaneous physical presence of both parties.
  10. Distance communication method: any means that may be used to conclude a contract without the consumer and the company being physically present at the same time.
  11. General Terms and Conditions: these General Terms and Conditions of 4everaloevera.

Article 2 – Company Details

4everaloevera

Address: Laurens Janszn. Costerstraat 4F, 3261 LH Oud-Beijerland, The Netherlands
Telephone: +31 6 44 82 72 35
Email: [info@4everaloevera.nl](mailto: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 company and to every distance contract concluded between the company and the consumer.
  2. Before the contract is concluded, the text of these General Terms and Conditions will be made available to the consumer.
  3. Where the contract is concluded electronically, these General Terms and Conditions may be provided electronically in a format that enables the consumer to store and reproduce them on a durable medium.
  4. Where additional or product-specific terms apply, the consumer may rely on the provision that is most favourable to them in the event of any conflict.
  5. If any provision of these General Terms and Conditions is found to be invalid, void or unenforceable, the remaining provisions will remain in full force and effect.
  6. Any matter not expressly covered by these General Terms and Conditions will be interpreted in accordance with their purpose and the applicable law.
  7. Any uncertainty concerning the interpretation or content of a provision will be resolved in accordance with the purpose of these General Terms and Conditions and the applicable consumer protection legislation.

Article 4 – The Offer

  1. Where an offer is subject to a limited validity period or specific conditions, this will be stated clearly in the offer.
  2. Unless expressly stated otherwise, offers are non-binding and may be amended or withdrawn by the company.
  3. The offer will contain a sufficiently complete and accurate description of the products or services so that the consumer can make an informed purchasing decision.
  4. Images, photographs, specifications, measurements, weights and other product information are provided for illustrative purposes. Minor differences that do not materially affect the product will not entitle the consumer to compensation or cancellation of the contract.
  5. Product images are intended to represent the products as accurately as possible. However, colours may vary depending on the screen or device used.
  6. The offer will clearly state the rights and obligations associated with its acceptance, including the price, payment method, delivery arrangements and any applicable restrictions.

Article 5 – Formation of the Contract

  1. The contract is formed when the consumer accepts the offer and fulfils the conditions stated in it, subject to the provisions below.
  2. Where the consumer accepts the offer electronically, the company will confirm receipt of that acceptance without undue delay. Until receipt has been confirmed, the consumer may cancel the contract.
  3. Where a contract is concluded electronically, the company will implement appropriate technical and organisational measures to protect the electronic transfer of data and provide a secure payment environment.
  4. Within the limits permitted by law, the company may assess whether the consumer is able to meet their payment obligations and may consider other relevant factors before accepting an order.
  5. The company will provide the consumer with all legally required and contractually relevant information in writing or on a durable medium no later than upon delivery of the product or commencement of the service.
  6. All contracts are subject to sufficient product availability.

Article 6 – Right of Withdrawal

For the sale of products

  1. The consumer has the legal right to withdraw from the distance contract within 14 days of receiving the product, without giving any reason.
  2. During the cooling-off period, the consumer should handle the product and its packaging with reasonable care. The product may only be used to the extent necessary to establish its nature, characteristics and functioning, as would be permitted in a physical shop.
  3. To exercise the right of withdrawal, the consumer must notify the company of their decision within the 14-day withdrawal period by means of an unequivocal statement or by using the model withdrawal form, where applicable.
  4. After notifying the company, the consumer must return the product within 14 days.

For the supply of services

  1. For service contracts, the consumer has the right to cancel the agreement within at least 14 days from the date on which the agreement was concluded, unless an exception permitted by law applies.
  2. When exercising the right of withdrawal for services, the consumer must follow any reasonable instructions provided by the company.

Article 7 – Costs and Refunds Following Withdrawal

  1. Unless otherwise agreed, the direct cost of returning the product is the responsibility of the consumer.
  2. Any payments received from the consumer, including the original standard delivery costs where required by law, will be refunded no later than 14 days after the company has been informed of the withdrawal. The company may withhold reimbursement until the returned product has been received or the consumer has provided satisfactory proof of return, whichever occurs first.
  3. If the consumer has handled the product beyond what is necessary to assess its nature, characteristics or functionality, they may be held liable for any resulting reduction in value.
  4. The consumer will not be liable for any reduction in value where the company has failed to provide the legally required information regarding the right of withdrawal.

Article 8 – Exclusion of the Right of Withdrawal

  1. The company may exclude the right of withdrawal only in those situations permitted under applicable law. Any such exclusion will be clearly stated before the contract is concluded.
  2. Examples include, but are not limited to:
    • Products made to the consumer's specifications or clearly personalised.
    • Products liable to deteriorate or expire rapidly.
    • Sealed products that are unsuitable for return for reasons of health protection or hygiene once the seal has been broken.
    • Products which, after delivery, are inseparably mixed with other goods due to their nature.
  3. The right of withdrawal may also be excluded for specific services where this is permitted by applicable consumer protection legislation.

Article 9 – Prices

  1. The prices of products and services will not be increased during the validity period of an offer, except where changes result from adjustments to VAT rates or other legally required government charges.
  2. All prices displayed on the website include VAT unless expressly stated otherwise.
  3. Obvious typographical errors, printing mistakes or pricing errors do not bind the company and may be corrected at any time.

Article 10 – Conformity and Warranty

  1. The company guarantees that all products and services supplied comply with the contract, the specifications stated in the offer, reasonable standards of quality and reliability, and all applicable legal requirements in force at the time of delivery.
  2. Any manufacturer's warranty or commercial guarantee is additional to, and does not affect, the consumer's statutory rights under applicable consumer protection legislation.
  3. Any defect or non-conformity should be reported to the company within a reasonable period after discovery and, where possible, within two months.
  4. The warranty does not apply where defects are caused by improper use, negligence, unauthorised repairs, incorrect storage, failure to follow product instructions or normal wear and tear.

Article 11 – Delivery and Performance

  1. The company will process and fulfil all orders with due care and diligence.
  2. The delivery address provided by the consumer when placing the order shall be deemed the correct delivery address.
  3. Orders will be dispatched as quickly as reasonably possible and, unless otherwise agreed, no later than 30 days after the contract has been concluded.
  4. Any delivery times stated on the website are estimates only and do not constitute a strict deadline. Delays in delivery do not automatically entitle the consumer to compensation or cancellation of the agreement, unless otherwise provided by law.
  5. If delivery is permanently impossible, or if the agreement is terminated in accordance with applicable law, any payments already made by the consumer will be refunded within 14 days.
  6. If an ordered product is no longer available, the company may offer an equivalent alternative product. The consumer will be clearly informed and retains the right to refuse the replacement product.
  7. The risk of loss of or damage to the products passes to the consumer only once the products have been delivered to the consumer or to a third party designated by the consumer.

Article 12 – Ongoing Contracts

Termination

  1. A contract concluded for an indefinite period may be terminated by the consumer at any time, subject to a notice period of no more than one month.
  2. A fixed-term contract may be terminated at the end of the agreed contract period with a notice period of no more than one month, unless otherwise required by law.
  3. Consumers must be able to terminate an agreement using the same method by which it was originally concluded.

Renewal

  1. Fixed-term agreements will not be automatically renewed for another fixed term unless such renewal is expressly permitted by applicable law.

Duration

  1. Where an agreement has a duration of more than one year, the consumer may terminate the agreement after the first year at any time, subject to a notice period of no more than one month, unless otherwise permitted by law.

Article 13 – Payment

  1. Unless otherwise agreed, payment must be made within the period specified during the checkout process or, where applicable, within seven business days.
  2. The consumer is responsible for providing accurate payment information and must notify the company without undue delay if any inaccuracies are identified.
  3. If payment is not received on time, the company reserves the right to charge any statutory interest and reasonable collection costs permitted by applicable law.

Article 14 – Complaints Procedure

  1. The company operates a transparent complaints procedure and will handle all complaints fairly and within a reasonable period.
  2. Complaints concerning the performance of the agreement should be submitted as soon as reasonably possible after the issue has been identified and should include a clear description of the complaint.
  3. The company will normally respond within 14 days of receiving the complaint. If additional time is required, the consumer will be informed accordingly.
  4. If a complaint cannot be resolved by mutual agreement, the dispute may be submitted to an appropriate dispute resolution body.
  5. Consumers may also submit complaints through WebwinkelKeur or, where applicable, via the European Online Dispute Resolution (ODR) platform.
  6. Submitting a complaint does not suspend the company's obligations unless otherwise agreed in writing.
  7. Where a complaint is found to be justified, the company will repair, replace or otherwise resolve the issue free of charge where appropriate.

Article 15 – Governing Law and Disputes

  1. These General Terms and Conditions and all agreements between the company and the consumer are governed exclusively by the laws of the Netherlands.
  2. The United Nations Convention on Contracts for the International Sale of Goods (CISG), also known as the Vienna Sales Convention, does not apply.

Article 16 – Additional or Deviating Provisions

Any additional or deviating provisions may not disadvantage the consumer and must be recorded in writing or in another durable medium that allows the consumer to store and reproduce the information.

Article 17 – Customer Responsibility for Delivery

Customers are responsible for providing complete and accurate delivery information and for monitoring the progress of their shipment using the tracking information provided.

If an order cannot be delivered or is returned because of incorrect or incomplete address details supplied by the customer, the cost of reshipping the parcel will be charged to the customer. The current reshipment fee is €6.95.

If the customer chooses not to have the order reshipped, the purchase amount will be refunded, excluding any shipping costs already incurred where permitted by applicable law.

To avoid unnecessary delays or additional costs, we strongly recommend carefully checking your delivery details before completing your order and regularly monitoring your shipment using the Track & Trace information provided.

These General Terms and Conditions apply to all purchases made through 4everaloevera.nl. They have been drafted in accordance with applicable Dutch and European consumer protection legislation. If any provision is found to be invalid or unenforceable, the remaining provisions shall continue to apply in full.