Terms of Service

Article 1 - Definitions

In these general conditions, the following terms and conditions apply:

Cooling-off period : the period during which the consumer can exercise his right of withdrawal;

Consumer : any natural person who is not acting in the context of his professional or commercial activity and who concludes a distance contract with the entrepreneur;

Day : calendar day;

Long-term contract : a distance contract concerning a series of products and/or services, the delivery and/or receipt obligations of which are spread over time;

Durable data carrier : any means that enables the consumer or entrepreneur to store information addressed personally to him or her in such a way that future consultation and unaltered reproduction of the stored information are possible;

Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within a reflection period;

Entrepreneur : any 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 of distance selling of products and/or services, where until the conclusion of the contract, one or more means of distance communication are used;

Means of distance communication : any means by which a contract can be concluded without the consumer and the entrepreneur being in the same place at the same time.

General Conditions : these general conditions of the contractor.

Article 2 - Identity of the contractor

Business name: Livensa

Chamber of Commerce registration number: 0000000

VAT number: TB12345678

Customer service by email: info@livensa.se

Company address: On request

Article 3 - Scope of application

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

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

If the distance contract is concluded electronically, the general terms and conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that they can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the 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, either electronically or by other means.

If, in addition to these general terms and conditions, specific conditions relating to products or services apply, the second and third paragraphs also apply, and in the event of contradictions between the general terms and conditions, the consumer may always invoke the provision that is most advantageous for him.

In the event that one or more provisions of these general conditions are partially or entirely null or invalid, the contract and these conditions will remain in force for the remainder and the provision in question will be immediately replaced by a provision which most closely matches the original intention of the provision.

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

Any ambiguities regarding the interpretation or content of any provision of these Terms shall be explained "according to the spirit" of these Terms.

Article 4 - The offer

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

The offer is non-binding. The entrepreneur is free to modify and adapt the offer.

The offer must contain a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious or obvious errors in the offer are not binding on the entrepreneur.

All images, specifications and data contained in the offer are indicative and cannot give rise to claims for compensation or cancellation of the contract.

The product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains sufficient information for the consumer to understand his or her rights and obligations associated with accepting the offer. This includes, in particular:

• The price, excluding customs clearance fees and import VAT. These additional costs will be borne by the customer. The post office and/or courier service will apply a special regime for postal shipments, applicable when the goods are imported into the EU destination country.

• Any delivery costs;

• The manner in which the contract will be concluded and the actions necessary in this regard;

• If the right of withdrawal applies;

• The method of payment, delivery and execution of the contract;

• The period during which the offer is valid or the period during which the contractor guarantees the price;

• The rate for distance communications if charges are billed differently from the basic rate;

• Whether the contract will be archived after its conclusion and, if so, how it will be accessible to the consumer;

• How the consumer can check and correct the data he has provided before concluding the contract;

• Other languages ​​in which, in addition to Dutch, the contract may be concluded;

• The codes of conduct to which the entrepreneur has adhered and the manner in which the consumer can consult these codes;

• The minimum duration of the distance contract in the case of a long-term contract.

Optional: sizes, colors, types of materials available.

Article 5 - The contract

The contract is concluded, subject to the provisions of paragraph 4, at the time when the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as this confirmation of receipt has not been sent by the entrepreneur, the consumer can cancel the agreement.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and to ensure a secure web environment. If the consumer can make an electronic payment, the entrepreneur will also take appropriate security measures.

The entrepreneur may, within the legal limits, check whether the consumer is able to meet his payment obligations, as well as all facts and factors relevant to responsibly concluding the contract. If the entrepreneur has justified reasons not to conclude the contract, he may refuse an order or request, or impose special conditions for the execution of the contract.

The entrepreneur will send the consumer, together with the product or service, the following information in writing or in a way that allows the consumer to easily store it on a durable medium:

• The address of the entrepreneur's establishment where the consumer can address his complaints;

• The conditions under which and the manner in which the consumer can exercise his right of withdrawal, or a clear indication that he is excluded from this right;

• Information on warranties and after-sales service;

• The information referred to in Article 4, paragraph 3, unless it has already been provided before the execution of the contract;

• The requirements for termination of the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term contract, the preceding provision only applies to the first delivery.

Each contract is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

Article 7 - Costs in the event of withdrawal

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

If the consumer has paid an amount, the entrepreneur will reimburse it as soon as possible, but at the latest within 14 days after exercising the right of withdrawal, provided that the product has been returned or sufficient proof of complete return of the product is provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products listed in paragraphs 2 and 3. The exclusion of the right of withdrawal will only be valid if the entrepreneur has clearly stated this in the offer or at least before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products:

• Manufactured by the contractor according to the consumer's specifications;
• Having a clearly personal nature;
• Which, by their nature, cannot be returned;
• Which can deteriorate quickly or expire;
• Whose price is subject to fluctuations in the financial market to which the entrepreneur has no access;
• For newspapers and magazines;
• For audio and video recordings and computer software where the consumer has broken the seal;
• For hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is also possible for services:

• Concerning accommodation, transport, catering or leisure, to be carried out on a specific date or during a given period;
• The supply of which began with the express consent of the consumer before the end of the reflection period;
• Relating to betting and lotteries.

Article 9 - The price

The prices of the products and/or services offered will not be increased during the validity period mentioned in the offer, except in the event of changes in VAT rates.

Notwithstanding the foregoing, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial markets over which the entrepreneur has no control, with variable prices. The adherence to these fluctuations and the fact that the prices mentioned are indicative will be specified in the offer.

Price increases within three months of the conclusion of the contract are only permitted if they result from legal provisions.

Price increases after three months of the conclusion of the contract are only permitted if the contractor has stipulated this and:

• They result from legal provisions; or
• The consumer has the right to terminate the contract from the date the price increase comes into effect.

The place of delivery, in accordance with Article 5(1) of the VAT Act (1968), is the country where the transport begins. In this case, delivery takes place outside the EU, which means that customs duties and import VAT will be charged by the postal or courier service. Consequently, the entrepreneur will not charge VAT.

All prices are subject to printing and typing errors. The entrepreneur cannot be held liable for printing or typing errors. In the event of an error, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and/or usefulness and the laws and regulations in force at the time the contract is concluded. If an agreement has been concluded, the entrepreneur also guarantees that the product is suitable for a specific use, other than normal use.

Any warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer's statutory rights arising from the contract with the entrepreneur.

Defects or incorrectly delivered products must be reported to the contractor in writing within 14 days of delivery. The products must be returned in their original packaging and in perfect condition.

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

The warranty does not apply if:

• The consumer has repaired or modified the products himself or had them repaired or modified by third parties;
• The products have been exposed to abnormal conditions or have been mistreated, or are used in violation of the contractor's instructions and/or the instructions on the packaging;
• The defect results in whole or in part from prescriptions issued or which will be issued by the authorities concerning the nature or quality of the materials used.

Article 11 - Delivery and execution

The contractor will make every effort to execute orders with the greatest care.

The place of delivery is the address that the consumer has communicated to the company.

In accordance with what is mentioned in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders as soon as possible, but at the latest 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 can only be executed partially, the entrepreneur will inform the consumer within 30 days after the order. In that case, the consumer has the right to dissolve the agreement free of charge and to claim compensation.

In the event of termination, the entrepreneur will reimburse the amount paid by the consumer within 14 days of termination.

If delivery of an ordered product is not possible, the entrepreneur will endeavor to provide a replacement item. Upon delivery, the entrepreneur will clearly and comprehensibly indicate that the replacement item is provided. The right of withdrawal cannot be excluded for replacement items. The return costs will be borne by the entrepreneur.

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

Article 12 - Fixed-term transactions: duration, termination and extension

Termination

The consumer may terminate a contract of indefinite duration, the execution of which involves the regular delivery of products (including electricity) or services, at any time, in compliance with the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract, the execution of which involves the regular delivery of products (including electricity) or services, at any time, at the end of the fixed period, in compliance with the agreed termination rules and a notice period of no more than one month.

The contracts mentioned in the preceding paragraphs may be terminated by the consumer:

• At any time and are not limited to a specific date or period;
• In the same way as the contract was concluded;
• With notice equivalent to that which the contractor has reserved for himself.

Extension

A fixed-term contract, the execution of which involves the regular delivery of products (including electricity) or services, cannot be tacitly renewed for a fixed period.

However, a fixed-term contract, the execution of which involves the regular delivery of newspapers, magazines and periodicals, may be tacitly extended for a maximum period of three months, provided that the consumer can terminate the extended contract at the end of this period with a notice period of no more than one month.

A fixed-term contract, the performance of which involves the regular delivery of products or services, may be tacitly extended for an indefinite period only if the consumer can terminate the contract at any time with one month's notice and three months' notice for regular deliveries of newspapers, magazines and periodicals.

A fixed-term contract for the delivery of newspapers, magazines and periodicals as a trial or introductory subscription will not be tacitly extended and will terminate automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year, with one month's notice, unless reason and fairness dictate otherwise.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of a contract for the provision of services, this period begins after the consumer receives the confirmation of the contract.

The consumer has the obligation to immediately report to the entrepreneur any errors in the payment information provided or mentioned.

In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously notified to the consumer.

Article 14 - Complaints procedure

Complaints regarding the performance of the contract must be submitted to the entrepreneur in a complete and clear manner within 7 days of the consumer discovering the defects.

Complaints submitted to the entrepreneur will be answered within 14 days of receipt of the complaint. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of the time within which the consumer can expect a more detailed answer.

If the complaint cannot be resolved amicably, a dispute will arise which will be subject to the dispute resolution procedure.

A claim does not suspend the Contractor's obligations unless the Contractor indicates otherwise in writing.

If a complaint is deemed justified by the contractor, the latter will choose either to replace the delivered products free of charge or to repair them.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 - CESOP

Due to the enhanced measures introduced in 2024 regarding the "Amendments to the VAT Act 1968 (Act implementing the Payment Service Providers Directive)" and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may be required to record data in the European CESOP system.