Terms and conditions

Contents:

Article 1 - Definitions

Article 2 - Identityof the entrepreneur

Article 3 - Applicability

Article 4 -The offer

Article5 - The contract

Article 6 -Right of withdrawal

Article 7 - Costsin case of withdrawal

Article8 - Exclusion ofright of withdrawal

Article 9 -The price

Article 10 -Compliance and Warranty

Article 11 -Delivery and execution

Article12 - Duration Transactions: duration, termination andrenewal

Article 13 - Payment

Article 14 - Complaints

Article 15 - Disputes

Article 16 -Additional or different terms

 

Article 1 - Definitions

Inthese terms and conditionsshall apply:

1period: theperiod within which theconsumercan exercise hisright of withdrawal;


2.Consument: the natural person not actinginthe exercise of professionalor business and adistance contractwith the entrepreneur;


3.Dag: calendar


4.Duurtransactie: a distance contractconcerning aseries of products and/ or services,the supply and/ or purchaseis spread over time;


5.Duurzamedata carrier: any means that theconsumer or business thatenables informationthat is addressedto him personally,to store in away that futureconsultation andunaltered reproduction of thestored information.


6.Herroepingsrecht: the ability for theconsumer to waivethedistance contract withinthe cooling-off;


7.Ondernemer: the natural or legal productsand /or remote servicesand consumer services;


8.Overeenkomstremotemeans an agreementmadeinthe framework of asystemorganized by the Entrepreneurfor distance saleof products and /or servicesuntil theconclusion of the agreementexclusive use ofone ormorecommunication techniquesdistance;


9.Techniekdistance communication: means that can be used toconclude a contract, without the consumer andtrader beingin the same room.

 


Article 2 - Identityof the entrepreneur

www.livingandcompany.com is a website operated by The Living Company BV.

Contact details:
The LivingCompany B.V.
Honderdland 528
2676LV Maasdijk
The Netherlands

Email:[email protected]

Chamber of Commerce number: 75072416

Tax number: NL860130782B01



 

 

Article 3 - Applicability

1.Theseterms and conditionsapply toevery offer of theentrepreneur and anyagreement concluded at adistance between businesses andconsumers.


2.Beforethe distance contractis concluded,the text of thesegeneral conditions made availableto the consumer.If this isnot reasonablypossible, beforethe distance contractis concluded,indicatedthat thegeneral conditions for theentrepreneur tosee andthey will be sent. As soon as possiblefree of chargeonrequest of the consumer


3.If thedistance contract isconcluded electronically,the text ofthese terms andconditions are setin such away thattheconsumer hastoelectronicallynotwithstanding thepreceding paragraph and beforethe distance contractis concluded,consumers can bestored on adurable medium.in a simple wayIf this isnot reasonablypossible, beforethe distance contractis concluded,indicatedwhere the generalconditions can betaken and thatelectronicallyor otherwisewill be sentfree of charge.Request of the consumerelectronically


4.Forthe casethat in addition tothese terms andconditions specific productor serviceconditions apply, the second andthird paragraphs shallapply and theconsumer in caseof conflictingterms always relyonthe applicable provisionforhimThis is the mostfavorable.


 

Article 4 -The offer

1.If anoffer is of limitedduration orsubject to conditions,this will be explicitlystated in the offer.


2.Theoffer includes a completeand accurate description ofthe products and/ or services.The description is sufficientlydetailed to allow. Properassessment of the offerby the consumerIf thecontractor usesthese images are atrue representation ofthe products and/ or services.Obvious mistakesor errorsin the offerdoes notbind the entrepreneur.


3.eachoffer containssuch information thatis clear to theconsumer what rightsand obligationswhichare attached.To the acceptance ofthe offerThis concernsinparticular:

◦deprice including taxes;


◦deany costs ofdelivery;


◦demanner in whichthe agreement will beachieved and whatactions are required;


◦hetor notapplythe right of withdrawal;


◦demethod of payment, delivery or performance of the contract;


◦dedeadline for acceptingthe offer, or the deadlinefor adhering tothe price;


◦delevel of the rateof distance communicationif the costsof usingthe technology fordistance communication arecalculated on abasis other than thebasic rateof communication;


◦ofthe agreement after theadoption is filed, and if so,is howto beaccessed by theconsumer;


◦deway theconsumerbefore the conclusion ofthe contract, theinformation provided by himunderthe agreement cancheck and repairif required;


◦deany otherlanguages, includingDutch, the contract can be concluded;


◦deconduct to which thetrader is subjectand the way inwhich the consumer canconsult these behavioral codeselectronically;and


◦deminimum duration of thedistance contract in theevent of an extendedtransaction.



 

Article5 - The contract

1.Deagreement issubject tothe provisions of paragraph4, concludedat the time ofthe consumer acceptsthe offerandmeet thecorresponding conditions.


2.Ifthe consumerhas accepted theoffer electronically,the trader will immediatelyconfirmelectronicreceipt ofacceptance of the offer. Until receipt ofthis acceptancehas not been confirmedby the entrepreneur,the consumer may rescindthe contract.


3.If theagreementis created electronically, the trader will takeappropriate technicaland organizational measures toprotect the electronictransmission ofdata and ensurea secure web environment. If the consumer canpay electronically, thetrader will takeappropriate safety precautions.


4.Deentrepreneur can -withinthe law - toinformortosatisfyconsumers of itspayment obligations as wellas all factsand factors thatare important forthe responsible conclusion ofthe distance contract. If the operatorunder thisinvestigation was justifiednot toconclude the contract,he is entitledto refuse anorder orrequest orto the implementation.Specific conditions


5.Deentrepreneur will theproduct or service tothe consumer the followinginformation in writing orin such away that it canbe stored on adurable medium, enclosethe consumer inan accessible manner:

a.the address oftheestablishment of the businesswhere the consumercan lodge complaints;

b. the conditions andthe manner in whichthe consumer of theright of withdrawalmaybe exercised,or a clear statementregarding the exclusionofthe right of withdrawal;

c. information onguarantees and after salesserviceexisting;

d.recognized in Article4 paragraph 3 ofthese conditions,unless the traderhas providedbefore the execution ofthe agreement,this informationto the consumer;

e. the requirements for terminatingthe contract, ifthe contracthas a duration ofmorethan one year oris indefinite.


6.Incase of an extendedcontract, the stipulationin the previousparagraph applies onlyto the first delivery.


 

Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 calendar days after the day of delivery. The products need to be received by the entepreneur within 30 days after the day of delivery. This period commences on the date of receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.

2. During this period the consumer will treat the product and packaging. He will be the product only to unpack or use as needed to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and in original condition and packaging to the Entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. The product can only be returned undamaged, unused and returned in the original, undamaged packaging. Returns that be damaged during shipment or by improper packaging, we can not process. Send the item always registered and insured return.

4. If the original packaging of the product is damaged or missing Living and Company reserves the right to retain the right for charging reasonable compensation from the refund amount, or to charge this.

When providing services:

1. When providing services, the consumer has the option to terminate the contract without giving any reason for at least fourteen days, starting on the day of entering into the agreement.

2. To make use of his right of withdrawal, the consumer focus to the trader to supply and / or appearance on delivery to area provided reasonable and clear instructions.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost (with a maximum of EUR 5.000, -).

2. 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 return or cancellation minus the shippingcosts.

3. Consumers outside Europe pay 25% of the purchase amount if the order is cancelled. 

Article8 - Exclusion ofright of withdrawal

1.Deoperator may excludethe right of withdrawalfromthe consumerto the extent providedin paragraph 2 and3, the exclusion of the right of withdrawalis only validif the traderto concludetheagreement stated. Clearly in the offer, at least in time


2.Exclusionthe right of withdrawalisonly possible for products:

awhichhave been made tothe consumer's specificationsby the contractor.;

b. that are clearly personalin nature;

c. that can notbe returned due totheir nature;

d.which can quicklydeteriorate or expire;

e. whose pricedepends on fluctuationsin the financial marketover which the traderhas no influence;

f. for individual newspapersand magazines;

g. upholstered furniture.


3. Exclusion the right of withdrawalisonly possible for services:

a.carry on a certaindate or duringa specified periodon accommodation, transport, catering or leisure;

b. the supply with theexpress consent of theconsumer, beforetheperiod has expired;

c. betting and lotteries.


4. Business customers are excluded from the right of withdrawal

5. Orders from outside of the European Union are excluded from the right of withdrawl

 

Article 9 -The price

1.Gedurendethe period mentionedin the offer,the prices of theproducts and /orservices have not increased, except for price changesdue to changes inVAT rates.


2.InNotwithstanding thepreceding paragraph,the operator mayoffer products orservices whose pricesare subject to fluctuationsin the financial marketover which the traderhas no influence, with variable prices.These fluctuationsand the factthat any pricetargets, arestated in the offer.


3.Prijsverhogingenwithin 3months after the conclusionof the contract areonly allowed if theyare the result oflegislation or regulations.


4.Prijsverhogingenfrom 3 monthsafter the conclusion ofthe contract are onlyallowed if the traderhas agreed and:

a. theyare the result oflegislation or regulations; or

b. the consumerhas the powerto terminateas of thedate the increasetakes effect.


5.Dein the supply ofproducts orservices mentioned pricesinclude VAT.

 


Article 10 -Compliance and Warranty

1.The trader guaranteesthat the productsand / orservices comply with thecontract, the specificationsstated in the offer, the reasonable requirementsof reliability and /or usabilityand the existinglawson the date oftheconclusion of the agreementprovisions and / orgovernment regulations.If agreed, theentrepreneur also ensurethat the productissuitable for other thannormal use.


2.Aguarantee providedbythe trader, manufactureror importer does notaffect the legalrights and claims thatthe consumer mayassert. Under thecontract against the trader

3. Non-conformity always should be reported to the supplier, within two months after discovery of non-compliance.

 

Article 11 -Delivery and execution

1.Detrader will take thegreatest possiblecare whenreceivingand implementingorders for productsand when assessingapplications for the provisionofservices.


2.Ifplace of delivery isthe address that theconsumer has madeto the company.Known


3.Withregard to whatis statedinArticle 4 ofthese terms and conditions, the company accepted ordersexpeditiously but notlater than 45 daysunless a longerdelivery period was agreed. If delivery isdelayed, orif an orderis not oronly partially implemented,the consumer receives themno later than 30daysafter placingthe order.Theconsumer in thiscase the right toterminate the contractwithout penalty and will not beentitled to any compensation.


4.In caseofdissolution in accordance withthe preceding paragraph,the traderthe amount thatthe consumeras quickly as possible, be paidno later than 30days after thedissolution.


5.Ifdelivery of an orderedproductproves impossible, the trader willattempt to provide areplacementitem available. Before the deliverywill bethat a replacementitem is delivered.Clear andunderstandable mannerFor replacement itemsright of withdrawal cannot be excluded.The costof returnshipment are borneby the entrepreneur.


6.Therisk of damage and/or loss of productsrests upon the traderup to the momentof delivery to theconsumer (breakable items excluded!) orapre-designatedand the entrepreneurannounced representative, unless otherwise expressly agreed. This does not apply when the customer provides a wrong address. This also does not apply to customers outside the European Union.

7. Damage to the products must be made known within two calendar days after delivery to the entrepreneur. Keep the shipping box and packing materials for the insurance, without this we cannot refund the damage. For orders outside the E.U. the customer needs to fill a damage report with the shippingcompany (most cases this needs to be done at the local postoffice). Without the damage report the damage claim cannot be handled.

8. Delivery is in front of the first doorstep on the ground floor.

 

Article12 - Duration Transactions: duration, termination andrenewal  termination

1.Deconsumermay contractfor an indefiniteperiod, which extendsto the regular deliveryof products (including electricity) orservices, at anytime denouncethe applicable terminationrules and a noticeof onemonth.


2.Deconsumermay contractconcluded for a definiteperiod, which extendsto the regular deliveryof products (including electricity) or services, at any time atthe end of thefixed termdenouncethe applicable terminationrules and a noticenot exceeding onemonth.


3.Deconsumercontracts as described inthe preceding paragraphs:


◦tedenouncealltimes andnot be limitedto termination at aspecific time or duringa specific period;


◦tenminstecancel the same wayas they are enteredby him;


Terminate◦altijdsame notice asthe company has negotiatedfor itself.


extension

1.Acontractisconcluded for a definiteperiod, which extendsto the regular deliveryof products (including electricity) or services should not betacitlyrenewed or extendedfor a specific period.


2.InNotwithstanding the precedingparagraph,a contractisconcluded for a definiteperiod, which extendsto the regularsupply of dailyand weekly newspapersand magazines will beextended fora fixed period ofup to three monthsifthe consumerextendedtacitlyagreementby the end ofthe extensionmay terminatewith noticeof onemonth.


3.Acontractisconcluded for a definiteperiod, which extendsto the regular deliveryof products or servicesmay be extendedif the consumermay terminate the contractwitha notice periodof onemonthat any timefor an indefinite periodonlytacitlyand a notice ofmaximum of three monthsincase the agreementextends to the regular, but less than once amonth, deliveringnewspapers, weeklies andmagazines.


4.Acontractwith limiteddurationto theregular deliveryofdailies,weeklies andmagazines (trialor introductory subscription)isnot tacitly continuedends automaticallyafter thetrial or introductory.

duration


5.Ifa contracthas a duration ofmore than one year, the consumermay, afterone year, theagreement at any timewith noticeof cancellationnot exceeding onemonth, unless thereasonableness and fairnessthe termination before theendof the agreed termresist.

 


Article 13 - Payment

1.Voorzovernototherwise agreed, the amounts owed by theconsumer to be paidwithin 14 days afterthestart of the coolingperiod referred to inArticle 6,paragraph 1Inthe case of acontract to providea service,the time limit beginsafter the documents. consumersconfirmation of theagreement


2.Whenthe sale ofproducts to consumersare stipulated.Interms never aprepayment of more than50%If payment is agreed, the consumer may not assert anyrights regarding theexecution of theorder or service(s), before the advance paymenthas been made.


3.Deconsumer has the dutyto report. Inaccuracies indata supplied orspecified payment immediatelyto the trader


4.Inthe event ofdefault by the consumer, the operator subject to statutory limitations,the right tothe consumerto spend. Advancereasonable expenseswill bemade known

 


Article 14 - Complaints

1.Deentrepreneur has awell-publicized complaintsand deals with complaintsunder this procedure.


2.Klachtenon the implementationof the agreementshould take place promptly, fully and submitted to the entrepreneur, after the consumer hasdiscovered the defects.Clearly defined


3.Theentrepreneur complaintsansweredcountedfrom the dateof receipt.Within14 daysIfa complaint is aforeseeable longerprocessing time,within the period of14days respondedwith an acknowledgmentofthereceiptand indicating whenthe consumer can expect. A more detailed answer


4.Ifthe complaint can notbe resolved by mutualagreement creates adispute that is subjectto dispute.

 


Article 15 - Disputes

1.Onagreements between theentrepreneur andthe consumer of theseterms referonly to Dutchlaw.


 

Article 16 -Additional or different terms

Additional ordifferent provisionsof these termsmay not beto the detriment oftheconsumer and shouldbe recordedor in sucha way thatthey can bestored on a durablemedium.Consumersinan accessible manner