Table of Contents

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination, and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

 

Article 1 - Definitions

In these conditions, the following terms are understood to mean:

Reflection period: the period during which the consumer can make use of his right of withdrawal; Read everything about the reflection period.

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series 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 that is addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's ability to withdraw from the distance contract during the reflection period;

Model withdrawal form: the model withdrawal form that the entrepreneur makes available, which a consumer can fill in if he wishes to make use of his right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;

Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for communication on distance are used;

Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room simultaneously.

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

Article 2 - Identity of the entrepreneur

Ecommerce

The Netherlands

info@liyajewerly.com

Chamber of Commerce (KVK) 83893512

VAT number NL003886344B13

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the 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 and they will be sent to the consumer free of charge at his 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 electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected 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 the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are void or are annulled at any time, the agreement and these conditions will remain in effect for the rest and the provision in question will be replaced in mutual consultation immediately by a provision that comes as close as possible to the purport of the original.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 - The offer
If an offer has a limited validity or is made under 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 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 truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors 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 including taxes; any costs of delivery; the way in which the agreement will be concluded and which actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery, or implementation of the agreement; the deadline for accepting the offer or the period within which the entrepreneur guarantees the price; the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
any other languages ​​in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended transaction.

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 corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance is confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can notify or check, within the legal framework, whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated, or to attach special conditions to the implementation.
The entrepreneur will send the following information with the product or service to the consumer, 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 establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal
When delivering products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This reflection period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the reflection 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 makes use of his right of withdrawal, he will return the product with all supplied accessories 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.
When providing services:

When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur when making the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of return will be at most for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
The entrepreneur uses the same payment method that the consumer has used for reimbursement unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.

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 time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

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

concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
whose delivery has begun with the express consent of the consumer before the reflection period has expired;
concerning bets and lotteries.

Article 9 - The price
During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to 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 link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement from the day the price increase takes effect.
The in the offer of products or services mentioned prices include VAT.

Article 10 - Conformity and Guarantee

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

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 weeks after delivery. The products should be returned in the original packaging and in a 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 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 himself or has had them repaired or modified by third parties.
- The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging.
- The defect is wholly or partially the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at least within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a term does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 3 of this article, 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 make a replacement item available. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are 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 made known representative to the entrepreneur, unless expressly agreed otherwise.

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

Termination

The consumer can terminate an agreement entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the specified period, subject to agreed termination rules and a notice period of no more than one month.

The consumer can enter into the agreements mentioned in the previous paragraphs:
- at any time terminate and not be limited to termination at a specific time or in 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 entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite duration.

Contrary to the previous paragraph, an agreement entered into for a definite period and that extends to the regular delivery of day, news, and weekly newspapers and magazines may be tacitly renewed for a specified 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 no more than one month.

An agreement entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular, but less than once a month, delivery of day, news, and weekly newspapers and magazines.

An agreement with a duration of more than one year may be terminated by the consumer after one year at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose termination before the end of the agreed period.

Article 13 - Payment

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

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

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

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 weeks 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 period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is susceptible to the dispute settlement procedure.

In the event of complaints, a consumer must first turn to the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). Currently, the web store is not affiliated with a quality mark with a disputes committee. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad. The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.