Terms and Conditions

1 - Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: the period within which the consumer can make use of his right of withdrawal; Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or consumption obligations of which are spread over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the withdrawal period; Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers; Distance contract: a contract concluded within the framework of an organized system for remote selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively using one or more remote communication techniques; Remote communication technique: means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space. General Terms and Conditions: these General Terms and Conditions of the entrepreneur. Article 2 - Identity of the entrepreneur

Evya-london.com Netherlands

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or in another way upon request.

In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are null and void or are nullified at any time, the agreement and these conditions remain in force for the remainder, and the relevant provision will be replaced by a provision that approaches the purport of the original as much as possible in mutual consultation.

Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Ambiguities in the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable 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, specifications, data in the offer are indicative and cannot be a basis for compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. Entrepreneurs cannot guarantee that the colors displayed exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price, excluding clearance costs and import VAT. These additional costs will be borne by and at the risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to customs clearance. This arrangement applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (together with any clearance costs charged) from the recipient of the goods; the possible costs of shipment; the manner in which the contract will be concluded and what actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery, and performance of the contract; the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; the amount of the fee for distance communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication medium used; whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer; the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct it; any other languages in which, in addition to Dutch, the contract can be concluded; the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct by electronic means; and the minimum duration of the distance contract in the case of a continuous transaction. Optional: available sizes, colors, types of materials.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur confirms receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

Within the legal framework, the entrepreneur can ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse a order or request, or to attach special conditions to its performance.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's establishment where the consumer can address complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the data referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons for a period of 14 days. This cooling-off period starts on the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur in advance.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days, after receipt of the product. The consumer must do this by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of dispatch.

If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received by the online retailer or that conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:

that are made by the entrepreneur in accordance with the consumer's specifications; which are clearly of a personal nature; which, by their nature, cannot be returned; which can spoil or age quickly; whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; for individual newspapers and magazines; for audio and video recordings and computer software if the consumer has broken the seal. for hygienic products if the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period; the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired; concerning betting and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, subject to price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

these are the result of statutory regulations or provisions; or the consumer has the authority to terminate the agreement from the day the price increase takes effect. Delivery takes place in the country where the transport starts, on the basis of Article 5, paragraph 1, of the Turnover Tax Act 1968. In this case, delivery takes place outside the EU. Consequently, import VAT or clearance costs will be collected by the postal or courier service from the recipient. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired or modified the delivered products themselves or has had them repaired or modified by third parties; The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or are contrary to the entrepreneur's instructions and/or have been treated on the packaging; The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly stated upon delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer can terminate an agreement concluded for an indefinite period and which concerns the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month. The consumer can terminate an agreement concluded for a definite period and which concerns the regular delivery of products (including electricity) or services at any time at the end of the agreed period, subject to agreed termination rules and a notice period of up to one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

• at any time and not be limited to termination at a specific time or during a specific period;
• terminate at least in the same manner as they were entered into by him;
• always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement concluded for a definite period and which concerns the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite duration.

In derogation from the previous paragraph, an agreement concluded for a definite period and which concerns the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.

An agreement concluded for a definite period and which concerns the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period expires.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reconsideration period as referred to in Article 6 paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer has the obligation to promptly report inaccuracies in provided or stated payment details to the entrepreneur.

In case of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.

Article 14 - Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated 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 amicably, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer is resident abroad.