Conditions and Service

 

Article 1 – Definitions

In these terms and conditions the following terms apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

  • Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance agreement with the entrepreneur;

  • Day: calendar day;

  • Long-term transaction: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or receive is spread over time;

  • Durable medium: any means allowing the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of stored information;

  • Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the cooling-off period;

  • Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

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

  • Technique for distance communication: any means used for concluding an agreement, without the consumer and entrepreneur having convened simultaneously in the same place;

  • General Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Legal name: Dutchexcellence Shop

  • Chamber of Commerce number: 94638276

  • Trade name: Cavanya

  • VAT number: NL004045322B58

  • Customer service email: cavanyastore@gmail.com 

  • Business address: Bernhardsingel, Breda, Netherlands

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and every distance agreement and order between the entrepreneur and the consumer.

Before the distance agreement is concluded, the consumer will be given access to the wording of these terms and conditions. If that is not reasonably possible, the consumer will be informed before concluding the agreement that the terms can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.

If the distance agreement is concluded electronically, the text of these terms may be provided electronically in such a way that the consumer can easily store it on a durable medium. If reasonably not possible, the consumer will be informed where they can access the terms electronically and they will be sent free of charge upon request.

If specific product or service terms apply in addition to these Terms and Conditions, paragraphs 2 and 3 shall apply mutatis mutandis. In case of conflict, the consumer may rely on the provision most favorable to them.

If any provision in these Terms and Conditions is wholly or partially void or voided, the remainder of the agreement and these Terms shall remain in force. The void provision shall be replaced promptly by a provision that approximates its purport.

Situations not addressed in these Terms shall be handled according to their spirit.

Ambiguities in interpretation shall be interpreted according to the spirit of these Terms.

Article 4 – The Offer

  1. If an offer has a limited validity period or specific conditions, this will be explicitly stated.

  2. Offers are non-binding. The entrepreneur can alter or withdraw offers.

  3. Offers must contain a complete and accurate description of the products and/or services. When images are used, they shall truthfully represent the offer.

  4. Apparent errors or mistakes do not bind the entrepreneur.

  5. Images, specifications, and data in the offer are indicative only and cannot give rise to compensation or termination.

  6. Product images are truthful but color variations may occur.

  7. Every offer includes clear information regarding:

    • The price (excluding customs clearance and import VAT, which are the customer’s responsibility; courier/postal services will collect these upon delivery),

    • Any shipping costs,

    • How an agreement is formed and what actions are needed,

    • Whether the right of withdrawal applies,

    • Payment, delivery, and performance methods,

    • The offer’s acceptance period or price guarantee duration,

    • Any distance communication costs beyond normal rates,

    • Whether the agreement will be archived and how it can be accessed,

    • How the consumer can check and correct their details before concluding the agreement,

    • Available languages for closing the agreement,

    • Codes of conduct adhered to and how the consumer can access them electronically,

    • The minimum duration of the agreement for long-term transactions,

    • Optionally: sizes, colors, material types.

Article 5 – The Agreement

  1. The agreement is concluded upon acceptance of the offer by the consumer and compliance with its conditions.

  2. If accepted electronically, the entrepreneur confirms receipt without delay. Until confirmation, the consumer may dissolve the agreement.

  3. The entrepreneur takes suitable technical and organizational security measures for electronic transfer of data and payment.

  4. The entrepreneur may investigate the consumer’s creditworthiness and may refuse an order or attach conditions if warranted.

  5. Upon delivery, the entrepreneur will provide, in writing or electronically on durable medium:

    • The visit address for complaints,

    • Conditions and methods for exercising the right of withdrawal, or a clear exception notice,

    • Warranty and service information,

    • Data referred to in Article 4(3), unless already provided prior to execution,

    • Termination requirements for agreements exceeding one year or of indefinite duration.

  6. For long-term transactions, the previous provision applies only to the first delivery.

  7. Agreements are conditional on sufficient availability of products.

Article 6 – Right of Withdrawal

  1. For purchases of products, the consumer has 14 days to withdraw without giving reasons. This period starts the day after receipt.

  2. During the cool-off period, the consumer must treat the product and packaging with care and only unpack/use it as necessary to assess whether to keep it.

  3. If withdrawing, the consumer returns the product with all accessories, in original condition and packaging, following provided instructions.

  4. The consumer must notify the entrepreneur of withdrawal within 14 days post-receipt, in writing or by email. Following notification, the product must be returned within 14 days with proof of shipment.

  5. If the consumer fails to notify or return the product within the period, the sale is finalized.

Article 7 – Costs in Case of Withdrawal

  1. Return shipping costs are the consumer’s responsibility.

  2. If a payment was made, the entrepreneur shall refund it within 14 days of withdrawal, provided the product has been received or proof of return is provided.

Article 8 – Exclusion of the Right of Withdrawal

  1. The entrepreneur may exclude withdrawal rights only if clearly stated in the offer.

  2. Exclusion is only possible for products:

    • Made according to consumer specifications,

    • Clearly personal in nature,

    • That cannot be returned by nature,

    • That spoil or age quickly,

    • Whose price ties to market fluctuations,

    • Loose newspapers/magazines,

    • Audio/video recordings or software with broken seal,

    • Hygienic products with broken seal.

  3. For services:

    • Concerning accommodation, transport, catering, or leisure on specific dates,

    • Whose delivery has begun with consumer’s explicit consent before the cooling-off period ends,

    • Gambling or lotteries.

Article 9 – Price

  1. Prices remain fixed during the offer’s validity, excluding VAT changes.

  2. Variable pricing is allowed for items tied to market fluctuations, if stated.

  3. Price increases within 3 months are only allowed by law.

  4. After 3 months, increases are allowed only if contractual and either due to law or with a termination right from the consumer effective from the increase.

  5. Place of delivery per VAT Act is where transport begins—here outside the EU—thus no VAT is charged, and import VAT/customs are added upon delivery.

  6. All prices are subject to printing errors; the entrepreneur isn’t bound by erroneous pricing.

Article 10 – Conformity and Warranty

  1. The entrepreneur ensures products/services comply with the agreement, offer specifications, quality, fitness, and applicable laws/regulations.

  2. Any provided warranty does not affect consumer’s legal rights.

  3. Defects or wrong deliveries must be reported within 14 days of delivery, and returned in original packaging, unused.

  4. Warranty period matches manufacturer’s; entrepreneur not liable for suitability/advice.

  5. Warranty is void if:

    • Products repaired or altered by consumer/third party,

    • Products exposed to abnormal use or mishandling contrary to instructions,

    • Defect due to governmental requirements regarding materials.

Article 11 – Delivery and Execution

  1. The entrepreneur takes great care in handling orders.

  2. Delivery is to the consumer-provided address.

  3. Orders are executed with due speed, no later than 30 days unless agreed otherwise.

  4. If delivery is delayed or partial, the consumer is informed within 30 days and may dissolve the agreement free of charge and claim damages.

  5. Upon dissolution, paid amounts will be refunded within 14 days.

  6. If unable to deliver, the entrepreneur will seek a replacement article and clearly note this upon delivery. Withdrawal does not apply to replacements; return costs are on the entrepreneur.

  7. Risk of damage or loss lies with the entrepreneur until delivery to the consumer or their entrusted representative, unless otherwise agreed.

Article 12 – Long-Term Transactions: Duration, Termination, Renewal

Termination

  • Indefinite agreements for regular delivery can be terminated at any time with a maximum one-month notice period.

  • Fixed-term agreements for regular delivery can be terminated at the end of the agreed term with up to one-month notice.

  • Consumers:

    • May terminate at any time, not limited to a certain date/period;

    • Must terminate the same way they entered the agreement;

    • Notice period is the same as entrepreneur’s.

Extension

  • Fixed-term agreements for regular delivery cannot be silent-renewed.

  • Exception: fixed-term agreements for newspapers/magazines may renew silently up to three months if the consumer can cancel with one-month notice.

  • Fixed-term agreements for regular deliveries may renew silently for indefinite period only if consumer may cancel at any time with one-month notice (or up to three months for less frequent deliveries).

  • Trial subscriptions of newspapers/magazines end automatically at trial expiry and do not renew silently.

Duration

  • For agreements longer than one year, the consumer may cancel at any time after one year with up to one-month notice, unless fairness and reasonableness oppose early termination.

Article 13 – Payment

  1. Unless agreed otherwise, amounts owed must be paid within seven days after the cooling-off period begins (Article 6(1)). For service contracts, this begins after confirmation of the agreement is received.

  2. The consumer must promptly report any inaccuracies in payment information to the entrepreneur.

  3. In case of non-payment, the entrepreneur may charge reasonable costs made known to the consumer, within legal limits.

Article 14 – Complaints Procedure

  1. Complaints about agreement execution must be submitted in full and clear within seven days of defect discovery.

  2. Complaints are answered within 14 days of receipt; if processing takes longer, an acknowledgment with estimated response time will be sent within this period.

  3. If not resolved amicably, the dispute is submitted to the dispute resolution system.

  4. A complaint does not suspend entrepreneur’s obligations unless stated otherwise in writing.

  5. If a complaint is deemed valid, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between entrepreneur and consumer, subject to these Terms, are governed exclusively by Dutch law, even if the consumer resides abroad.