Terms & Conditions - LYOVA
Article 1 – Definitions
1. Terms and Conditions: These terms and conditions applicable between LYOVA and the customer.
2. Entrepreneur: LYOVA, the party offering products to customers through distance selling.
3. Customer: The natural person who enters into a distance contract with LYOVA.
4. Distance Contract: A contract concluded through a sales system organised by LYOVA using remote communication methods.
5. Right of Withdrawal: The customer’s right to cancel the contract within the cooling off period.
6. Cooling Off Period: The period during which the customer may exercise the right of withdrawal.
7. Continuous Transaction: A distance contract for a series of products where delivery and or purchase is spread over a certain period.
8. Durable Data Carrier: Any medium that enables personal information to be stored and accessed later in unchanged form.
9. Products: All physical goods offered by the entrepreneur under these Terms and Conditions.
Article 2 – Identity of the Business
LYOVA
Email address: info@lyova.store
Chamber of Commerce number (KvK): 93379102
Article 3 – Applicability
1. These General Terms and Conditions apply to every offer made by the business and to every distance contract concluded between LYOVA and the customer.
2. Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the customer. If this is not reasonably possible, LYOVA shall indicate how the General Terms and Conditions can be consulted and that they will be provided free of charge upon request.
3. If specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly. In the event of conflicting provisions, the customer may rely on the provision that is most favorable to them.
4. If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or annulled, the agreement and these General Terms and Conditions shall otherwise remain in full force and effect. The invalid provision shall be replaced, by mutual agreement, with a provision that most closely reflects the intent of the original provision.
5. Situations not regulated by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.
6. Any ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions shall be interpreted in accordance with the spirit of these General Terms and Conditions.
Article 4 – The Offer
1. Completeness and Accuracy
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the customer to properly assess the offer. If images are used, these represent the products as truthfully as possible. Obvious mistakes or errors in the offer are not binding on LYOVA.
2. Validity and Conditions
If an offer has a limited period of validity or is subject to specific conditions, this will be clearly stated in the offer.
3. Non Binding Nature of the Offer
All offers are non binding and subject to change. LYOVA reserves the right to modify or withdraw an offer at any time if deemed necessary.
4. Product Descriptions
The offer includes product descriptions and images intended to provide a truthful representation of the products. Obvious mistakes or errors do not bind LYOVA.
5. Indicative Information
All images, specifications and data included in the offer are indicative only and cannot give rise to any claim for compensation or termination of the agreement.
6. Product Colours
LYOVA cannot guarantee that the colours displayed on the website exactly match the actual colours of the products. Colour deviations do not constitute grounds for termination of the agreement.
7. Information for Customers
Each offer contains sufficient information to make clear to the customer what rights and obligations are attached to acceptance of the offer, including in particular:
- the price including applicable taxes
- any shipping costs
- how the agreement is concluded and which actions are required
- whether a right of withdrawal applies
- the method of payment, delivery and execution of the agreement
- the period for accepting the offer or for honouring the stated price
- any additional costs for distance communication if charged at a rate other than the basic rate
8. Language of the Agreement
The agreement is concluded in English. Where the agreement is made available in another language, the English version shall prevail unless mandatory consumer law provides otherwise.
Article 5 – The Agreement
1. Formation of the Agreement
The agreement is concluded at the moment the customer accepts the offer and complies with the conditions set forth therein. Once the customer has accepted the offer and fulfilled all applicable conditions, LYOVA will confirm the agreement.
2. Electronic Confirmation
If the customer accepts the offer electronically, LYOVA will confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed, the customer may terminate the agreement.
3. Security
LYOVA takes appropriate technical and organisational measures to safeguard the electronic transmission of data and ensures a secure online environment. Where electronic payment is possible, LYOVA will observe appropriate security measures.
4. Right to Conduct Payment and Credit Checks
LYOVA reserves the right, within the limits of applicable law, to conduct checks on the customer’s creditworthiness or other relevant factors necessary for responsibly entering into the agreement. If LYOVA has justified grounds based on such checks to not enter into the agreement, it is entitled to refuse an order or request, or to attach special conditions to its execution.
5. Information Provided to the Customer
Upon delivery of the product or service, LYOVA will provide the customer, on a durable medium (in writing or in an accessible manner), with the following information:
- the email address of LYOVA where the customer can submit complaints, as no physical visit address is available
- the conditions and procedure for exercising the right of withdrawal, or a clear statement if the right of withdrawal is excluded
- information on after sales service and warranties
- the price including applicable taxes, any shipping costs, and the method of payment, delivery and execution of the agreement
- the conditions for termination of the agreement if it is concluded for an indefinite period or for a duration exceeding one year
6. Condition of Availability
All agreements are entered into subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
1. Withdrawal Period and Procedure
Upon the purchase of products, the customer has the right to withdraw from the agreement without giving any reason within a period of fourteen (30) days. This withdrawal period shall commence on the day following receipt of the product by the customer or by a representative designated by the customer and known to the entrepreneur.
2. Use of the Product During the Withdrawal Period
During the withdrawal period, the customer shall handle the product and its packaging with due care. The product may only be unpacked or used to the extent necessary to assess the nature, characteristics, and functioning of the product. If the customer exercises the right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. Notification and Return Period
The customer must notify the entrepreneur within fourteen (30) days of receipt of the product of their intention to exercise the right of withdrawal, for example by written notice or by email. Following this notification, the customer shall have a further fourteen (30) days to return the product.
4. Proof of Return
The customer must be able to demonstrate that the product has been returned in a timely manner, for example by providing proof of shipment such as a tracking number.
5. Consequences of Late Return
If the customer has not exercised the right of withdrawal within the periods specified in paragraphs 3 and 4, or if the product has not been returned within those periods, the purchase shall be considered final and the right of withdrawal shall lapse.
Article 7 – Exclusion of the Right of Withdrawal
1. Conditions for Exclusion
The entrepreneur may exclude the customer’s right of withdrawal for certain products, as described in paragraph 2. Such exclusion shall only apply if it has been clearly stated in the offer or communicated to the customer in a timely manner prior to the conclusion of the agreement.
2. Exclusion of the Right of Withdrawal for Products
The right of withdrawal is excluded for products:
- Manufactured according to the customer’s specifications or clearly personalized
- Of a clearly personal nature
- Which, by their nature, cannot be returned
- Which are liable to deteriorate or expire rapidly
- Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control
- Audio and video recordings and computer software where the seal has been broken by the customer
- Hygienic products where the seal has been broken by the customer
Article 8 – Costs in Case of Withdrawal
1. Return Shipping Costs
If the customer exercises the right of withdrawal, the direct costs of returning the product shall be borne by the customer.
2. Proof of Return
The customer must be able to demonstrate that the product has been returned in time, for example by providing proof of shipment such as a Track & Trace code.
3. Risk of Return Shipment
The customer bears the risk of the return shipment. This means that the customer is responsible for any damage to or loss of the product during return shipment until the return has been received by the entrepreneur.
4. Refund Period
If the customer has made a payment, the entrepreneur shall refund this amount as soon as possible and no later than 30 days after the withdrawal. This refund is conditional upon the product having been received by the entrepreneur or the customer having provided sufficient proof of complete return shipment.
Article 9 – Returns Policy
1. Return Period
The customer has the right to return products within 30 days of receipt for a full refund, provided that the products are unused, undamaged, in resalable condition, and include all original labels and packaging. Please note that for certain products the right of withdrawal may be excluded, as described in Article 7 of these Terms and Conditions.
2. Conditions for Returns
Returned products must be unused, undamaged, and in resalable condition, including all original labels and packaging. Products that are damaged, used, or have a broken seal are not eligible for return, unless the product was defective upon delivery.
3. Returns for Promotional Offers (such as Buy One Get One Free)
For promotional offers such as buy one get one free, all products included in the promotion form part of one combined offer. If the customer exercises the right of return, all products included in the promotion must be returned. If only one product is returned, the promotional benefit will lapse and the remaining product will be charged at the regular retail price.
4. Return Procedure
To return a product, the customer must submit a return request via the return portal available on the entrepreneur’s website. After approval, the customer will receive instructions regarding return shipment and the return address. Returned products must be carefully packaged and shipped according to the provided instructions, including a valid Track & Trace code. Return shipping costs are borne by the customer, unless agreed otherwise.
5. Exchanges
Exchanging products is not possible due to varying product availability. Customers are advised to return the original product for a refund and place a new order for the desired product if applicable.
Article 10 – Prices
1. Product Prices
All prices displayed in the online store are shown in the applicable currency and include applicable taxes, unless stated otherwise. Any additional costs, such as shipping costs, will be clearly displayed before the order is completed.
2. Price Changes
Prices may be adjusted at any time. Price changes do not affect orders that have already been placed and confirmed.
3. Promotions and Discounts
Promotions and discounts are valid for the period stated and while stocks last. Promotions may be modified or withdrawn at any time. Discounts cannot be combined unless explicitly stated otherwise. After a promotion has ended, it can no longer be applied.
4. No Retroactive Application
Promotions or discounts offered after an order has been placed do not apply retroactively. Customers are not entitled to a refund of the price difference between the paid price and a later discounted price.
5. Pricing Errors
All prices are subject to typographical, technical, or system errors. LYOVA is not bound by incorrect price displays. If a pricing error is discovered after an order has been placed, the customer will be informed as soon as possible and given the option to cancel the order or proceed with the corrected price.
Article 11 – Conformity and Warranty
1. Product Conformity
LYOVA guarantees that the products comply with the agreement, the specifications stated in the offer, and the reasonable standards of quality and usability applicable at the time of delivery. Where expressly agreed, the product shall also be suitable for a specific purpose other than normal use.
2. Legal Warranty and Manufacturer’s Warranty
Products supplied by LYOVA are covered by the applicable statutory warranty. In addition, a manufacturer’s warranty may apply where offered. Any manufacturer’s warranty does not affect the statutory rights of the customer.
3. Warranty Exclusions
The warranty does not apply if defects or damage result from: improper or negligent use, failure to follow instructions or packaging guidelines, modifications or repairs carried out by the customer or third parties, abnormal storage or environmental conditions, or mandatory government regulations affecting materials or product composition.
4. Notification of Defects
Any defects or incorrectly delivered products must be reported to LYOVA within 30 days after delivery. Products must be returned in their original packaging and, where reasonably possible, in unused condition.
5. Repair, Replacement, or Refund
If a product does not conform to the agreement, the customer is entitled to repair or replacement at no cost, unless this is impossible or disproportionately burdensome for LYOVA. If repair or replacement is not feasible, the customer is entitled to a refund or a proportional price reduction.
6. Limitation of Liability
LYOVA’s liability is limited to the obligations set out in this article and, in all cases, to the amount paid by the customer for the product. LYOVA shall not be liable for indirect or consequential damages, including loss of profit or business interruption, except where such limitation is not permitted by mandatory law. Nothing in these terms limits liability for death, personal injury, or willful misconduct.
Article 12 – Delivery and Fulfilment
1. Careful Fulfilment
LYOVA will exercise the greatest possible care when receiving, processing, and fulfilling orders for products.
2. Place of Delivery
Delivery shall take place at the address provided by the customer during the order process. Delivery destinations and availability are specified on the website.
3. Delivery Time
LYOVA aims to process and dispatch orders within 1–3 business days. Estimated delivery times may vary depending on the destination and shipping method. Delivery will take place no later than 30 days after the order is placed, unless a longer delivery period has been agreed with the customer.
4. Shipping Costs
Shipping costs, if applicable, are clearly displayed during the checkout process before the order is completed. Unless otherwise stated, all prices shown on the website include standard shipping costs. No hidden fees will be applied.
5. Express Delivery
LYOVA does not currently offer express delivery.
6. Change of Shipping Address
The customer may request a change of the shipping address as long as the order has not yet been dispatched. Address changes cannot be guaranteed once the order is in transit.
7. Risk of Loss or Damage
The risk of loss or damage to products remains with LYOVA until the products have been delivered to the customer or a designated recipient, unless otherwise agreed.
8. Delivery Delays
In the event of a delivery delay, the customer may track the order via the “Track Your Order” page on the website or contact LYOVA for further assistance.
9. Substitute Products
If delivery of an ordered product proves impossible, LYOVA may offer a substitute product. This will be clearly communicated at the time of delivery. The right of withdrawal shall not be excluded for substitute products. Any return shipping costs for such substitute products will be borne by LYOVA.
Article 13 – Payment
1. Payment Obligation
All amounts due must be paid in full at the time the order is placed, unless expressly agreed otherwise.
2. Accuracy of Payment Details
The customer is responsible for providing accurate and complete payment details. LYOVA is not liable for any delays or damages resulting from incorrect or incomplete payment information provided by the customer.
3. Failure to Pay
If the customer fails to fulfil the payment obligation, LYOVA reserves the right, where legally permitted, to recover reasonable costs incurred as a result of non payment.
4. Payment Methods
Available payment methods are displayed during the checkout process and may vary by country or region.
5. Payment Security
LYOVA uses appropriate technical and organisational measures to secure payment transactions. Payments are processed through a secure payment gateway using SSL encryption. Credit card details are not stored by LYOVA. Customers can rely on their personal and financial information being handled securely.
Article 14 – Complaints Procedure
1. Submission of Complaints
Complaints regarding the performance of the agreement must be submitted in writing within 7 days after discovery. Complaints may be submitted via email at info@lyova.store or through the contact form on the website. The complaint should clearly describe the nature of the issue and include relevant details, such as the order number.
2. Handling of Complaints
LYOVA aims to respond to complaints within 14 days of receipt. If a longer handling time is required, the customer will be informed within this period and provided with an indication of the expected resolution time.
3. Effect of Complaints
Submitting a complaint does not suspend the customer’s obligations under the agreement, unless expressly agreed otherwise in writing.
4. Resolution of Valid Complaints
If a complaint is found to be valid, LYOVA may, at its discretion, replace the product at no cost or offer a proportional refund.
Article 15 – Governing Law and Jurisdiction
1. Governing Law
All agreements between LYOVA and the customer to which these Terms and Conditions apply shall be governed exclusively by Dutch law, even if the customer resides outside the Netherlands.
2. Jurisdiction
Any disputes arising from or relating to agreements between LYOVA and the customer shall be submitted exclusively to the competent court in the judicial district where LYOVA is established, unless mandatory law provides otherwise.
Article 16 – Intellectual Property Rights
All intellectual property rights relating to the website, including but not limited to texts, images, and logos, are vested in LYOVA. It is not permitted to copy, use, reproduce, or otherwise distribute these materials without prior written consent from LYOVA.
Article 17 – Force Majeure
LYOVA shall not be obliged to fulfil any obligation towards the customer if it is prevented from doing so due to circumstances beyond its control and not attributable to fault, law, legal act, or generally accepted principles.
Force majeure includes, but is not limited to, all external causes, whether foreseen or unforeseen, over which LYOVA has no control and which prevent LYOVA from fulfilling its obligations.