Terms and Conditions
Article 1 - Definitions In these conditions, the following definitions apply:
● Reflection period: the period within which the consumer can exercise his right of withdrawal;
● Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance sales agreement with the entrepreneur;
● Day: calendar day;
● Duration transaction: a distance sales agreement regarding a number of products and/or services, the delivery and/or purchase obligation of which is spread over time;
● Durable data carrier: any means that enables the consumer or entrepreneur to store information personally addressed to him in a way that enables future consultation and unaltered reproduction of the stored information.
● Right of withdrawal: the consumer's option to withdraw from the distance sales agreement within the withdrawal period;
● Entrepreneur: the natural or legal person who offers products and/or services externally to consumers;
● Distance agreement: an agreement in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, use is made exclusively of one or more techniques for remote communication up to and including the conclusion of an agreement. ;
● Remote communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.
● General terms and conditions: the current general terms and conditions for the entrepreneur.
Article 2 - Identity of the entrepreneur Saveah
Address: Amsterdam
E-mail address: info@saveah.com
Chamber of Commerce number: On request
VAT identification number: On request
Article 3 - Application These general terms and conditions apply to any offer from the entrepreneur and to any distance sales agreement and orders entered into between the entrepreneur and the consumer. Before the distance sales agreement is entered into, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is entered into, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible upon request by the consumer. If the distance agreement is concluded electronically, regardless of the previous section, and before the distance agreement is concluded, the text of these general terms and conditions can be made available to the consumer electronically 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 entering into the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or in some other way at the request of the consumer. If, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs apply correspondingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most appropriate and favorable to him. If one or more provisions in these general conditions at any time If at any time one or more provisions of these general conditions are wholly or partially invalid or void, the remainder of the agreement and these terms will remain in effect and the relevant provision will be immediately replaced by mutual agreement with a provision corresponding to the original as close as possible. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Any uncertainty regarding 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 The offer contains a complete and accurate description of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the real colors of the products. Each offer contains such information that it is clear to the consumer which rights and obligations are associated with accepting the offer. This concerns in particular:
● The price includes taxes;
● Any shipping costs;
● The manner in which the agreement will be entered into and what actions are required for this;
● Whether or not the right of withdrawal applies;
● The method of payment, delivery and execution of the agreement;
● The period of acceptance of the offer or the period within which the entrepreneur guarantees the price;
● The size of the tariff for remote communication, if the costs of using the technology for remote communication are calculated on a basis other than the ordinary basic tariff for the means of communication used;
● Whether the agreement is archived after conclusion and, if so, how it can be consulted by the consumer;
● The way in which the consumer, before concluding the agreement, can check the data he has provided in connection with the agreement and, if desired, restore them;
● Any other languages in which the agreement can be concluded in addition to Dutch;
● The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;
● The minimum duration of the distance selling agreement in case of an expensive transaction. Optional: available sizes, colors, material type.
Article 5 - The agreement The agreement is entered into, subject to the provisions of subsection 4, at the time of the consumer's acceptance of the offer and compliance with the stipulated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can cancel the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within legal framework - find out whether the consumer can fulfill his payment obligations, as well as all the conditions and factors that are important for a responsible conclusion of the distance selling agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the performance. The entrepreneur sends 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 on a durable data carrier: a. The visiting address of the entrepreneur's branch where the consumer can file complaints; b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement on the exclusion of the right of withdrawal; c. The information about guarantees and existing after-sales service; d. The information included in Article 4, subsection 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the agreement; e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of an expensive trade, the provision in the previous section only applies to the first delivery. Any agreement is concluded subject to prior conditions for sufficient availability of the products in question.
Article 6 - Right of withdrawal When purchasing products, the consumer has the option to terminate the agreement without reason within 14 days. This reflection period begins the day after the receipt of the product by the consumer or a representative appointed in advance by the consumer and notified to the entrepreneur. During the cancellation 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 the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receiving the product. The consumer must notify this by written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the item within 14 days. The consumer must prove that the delivered goods have been returned on time, e.g. by proof of delivery. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the 2 and 3 mentioned periods or have not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs of right of withdrawal If the consumer makes use of 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 within 14 days of the cancellation. This is subject to the product having already been received back by the online retailer or conclusive proof of full return being provided.
Article 8 - Exclusion of the right of withdrawal The entrepreneur can exclude the consumer's right of withdrawal for certain products and services, provided that he clearly states this in the offer, and this happens before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products and services that: a. are tailored to the consumer's specifications; b. is of a personal nature and cannot be returned; c. Can spoil or age quickly; d. Is subject to fluctuations in the financial market over which the entrepreneur has no influence; e. Loose newspapers, magazines or products with a seal that the consumer has broken; f. Hygienic products for which the consumer has broken the seal; g. Relates to services that have already started with the express consent of the consumer before the cancellation period has expired; h. Relates to accommodation, transport, restaurant business or leisure activities and is delivered on a specific date or time.
Article 9 - The price During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates. Regardless of the previous paragraph, the entrepreneur can offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This responsibility for fluctuations and the fact that any stated prices are target prices are stated in the offer. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal provisions or regulations. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has determined this and: a. b. The consumer has the right to cancel the agreement with effect from the day the price increase comes into force.
Article 10 - Compliance and guarantee The entrepreneur guarantees that the products and/or services are in accordance with the agreement and the specifications as stated in the offer. The products and/or services also meet the reasonable requirements for reliability and usability as well as the legal and governmental regulations applicable on the date of conclusion of the agreement. If specific agreements have been made regarding the use of the product for purposes other than normal use, the entrepreneur also guarantees that the product is suitable for these other purposes. Any guarantees from the entrepreneur, manufacturer or importer do not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. Any defects or wrongly delivered products must be notified to the entrepreneur in writing within 14 days of delivery. When returning the products, this must be in the original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, it is important to note that the entrepreneur is not responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products. The guarantee does not apply in the following cases:
● If the consumer himself has repaired and/or edited the delivered products, or has had them repaired and/or edited by a third party;
● If the delivered products have been exposed to abnormal conditions or otherwise treated carelessly, or are contrary to the entrepreneur's instructions and/or have been treated on the packaging;
● If the deficiency is wholly or partly due to regulations that the public 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 greatest care when receiving and executing orders for products. The place of delivery is the address that the consumer has provided to the company. Accepted orders will be executed quickly, but within 30 days at the latest, unless a longer delivery time has been agreed and the consumer has accepted this. If the delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to cancel the agreement without costs and to demand compensation. In the event of dissolution, the entrepreneur refunds the amount paid 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 do everything possible to make a replacement product available. For replacement goods, the right of withdrawal cannot be excluded. The cost of any return shipping is borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-appointed representative and notified to the entrepreneur, unless otherwise agreed.
Article 12 - Duration of transactions: duration, cancellation and extension Cancellation:
● An open-ended agreement that extends to the regular supply of products (including electricity) or services can be canceled by the consumer at any time, taking into account the agreed cancellation rules and a notice of termination of no more than one month.
● A fixed-term agreement that extends to the general supply of products (including electricity) or services can be terminated at any time towards the end of the fixed-term period, taking into account the agreed cancellation rules and a notice period of no more than one month.
● The consumer can terminate the aforementioned agreements at any time and is not limited to termination at a specific time or for a specific period.
● Withdrawal can be done in the same way as the agreement was concluded.
● The notice period for the consumer is equal to the notice period for which the entrepreneur has negotiated. Expansion:
● A fixed-term agreement involving the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a specified period.
● A time-limited agreement that includes continuous delivery of daily, news and weekly newspapers and magazines can be tacitly extended by a maximum of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
● A fixed-term agreement that extends to the regular supply of products or services can only be tacitly extended for an indefinite period if the consumer can terminate the termination at any time with a notice of no more than one month and a notice of termination of no more than three months in the event of , that the agreement is extended to it regularly, but less than once a month.
Article 13 - Payment Unless otherwise agreed, the sums due must be paid by the consumer no later than 7 working days after the beginning of the cancellation period, cf. § 6, subsection 1. In the case of an agreement on the delivery of a service, this period begins after the consumer has received confirmation of the agreement. The consumer is obliged to immediately report any inaccuracies in the provided or disclosed payment information to the entrepreneur. If the consumer fails to pay, the entrepreneur reserves the right, subject to legal restrictions, to charge the reasonable costs that have been communicated to the consumer in advance.
Article 14 - Complaints procedure Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects. The entrepreneur will respond to the complaint submitted to him within 14 days of receiving the complaint. If the complaint requires a predictable longer processing time, the entrepreneur responds within 14 days with a receipt for receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute will arise which is subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If the complaint is found to be justified by the entrepreneur, the entrepreneur has the option, at his own discretion, to replace or repair the delivered products free of charge.
Article 15 - Disputes Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer lives abroad.