Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time;
Durable medium: any means that enables the consumer or trader to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, one or more means of distance communication are used exclusively until the conclusion of the agreement;
Remote communication technique: means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time.
General terms and conditions: the present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Name of the company: PJ Trade
Address: Oosterveldsingel 5G, 7558PJ Hengelo
Business number: 86933434
VAT number: NL864151032B01
E-mail: support@lythera.com
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection 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, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer 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 viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions at any time wholly or partially invalid or destroyed, then the agreement and these terms and conditions for the rest remain in force and the provision in question will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
Situations not provided for in these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to 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 products and/or services offered. The description is sufficiently detailed to enable the consumer to make an appropriate assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and can not lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The operator cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations associated with the acceptance of the offer are. This concerns in particular:
The price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services with regard to imports. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT (together with customs clearance fees, if applicable) from the recipient of the goods;
any costs for shipping;
the way in which the contract is concluded and what actions are required for this
whether or not there is a right of withdrawal
the method of payment, delivery and fulfillment of the contract;
the period for accepting the offer or the period within which the entrepreneur guarantees the price;
the amount of the distance communication rate if the costs of using the means of 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 way in which the consumer can check and, if desired, restore the information provided by him under the agreement before concluding the agreement;
all languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a fixed-term contract.
Optional: available sizes, colors, type of materials.
Article 5 - The contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer by electronic means, the trader will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transfer of data and to ensure a secure internet environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The entrepreneur can - within the legal framework - inform himself about whether the consumer can meet his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to conclude the contract on the basis of this examination, he is entitled to refuse an order or application or to attach special conditions to its execution, stating reasons.
The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
1. the address of the trader's place of business to which the consumer can address complaints;
2. the conditions and the way in which the consumer can make use of his right of withdrawal or a clear indication of the exclusion of the right of withdrawal;
3. the information on guarantees and the existing after-sales service
4. the information contained in Article 4(3) of these conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract;
5. the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision of the previous paragraph applies only to the first delivery.
Each agreement is concluded subject to the condition precedent of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons during a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and the 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 exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he must notify the entrepreneur of this within 14 days of receipt of the product. The consumer must communicate this in the form of a written notification/email. After the consumer has communicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that he has returned the delivered goods in time, e.g. by means of proof of shipment.
If the customer has not expressed his intention to make use of his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the products are 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 withdrawal. The condition for this is that the product has already been received by the entrepreneur or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products 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 good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products
1. which have been manufactured by the entrepreneur according to the consumer's specifications;
2. which are clearly of a personal nature
3. which cannot be returned due to their nature
4. that spoil or age quickly;
5. whose price is subject to fluctuations on the financial market over which the trader has no influence;
6. for individual newspapers and magazines
7. for audio and video recordings and computer software whose seal has been broken by the consumer
8. for hygiene articles where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
1. relating to accommodation, transportation, catering or leisure activities to be provided on a specific day or during a specific period;
2. the supply of which has begun with the express consent of the consumer before the expiry of the withdrawal period;
3. which concern betting and lotteries.
Article 9 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
Notwithstanding 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 connection with fluctuations and the fact that the prices quoted are target prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has stipulated them and:
1. they are based on statutory provisions or regulations; or
2. the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
The place of supply as referred to in Article 5(1) of the Value Added Tax Act 1968 is the country in which transportation begins. In the present case, this delivery takes place outside the EU. Accordingly, the postal or courier service will charge the import VAT or handling charges to the customer. Therefore, no VAT will be charged by the entrepreneur.
The prices quoted for products on our website include delivery costs, but do not include any fees, taxes, duties or similar government-imposed charges ("duty unpaid and untaxed").
All rights, fees, duties, taxes or other governmental charges and declarations for the import of the products to the delivery address are your responsibility, are borne by you and are not included in the prices of the products. For all deliveries, additional costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. In addition to the shipping costs, these may also include customs duties or import sales taxes. If the goods are shipped from a non-EU country (China), or if customs duties are to be incurred for a product, this must be clarified with our customer service before the order is placed. Customs duties or import taxes are not paid by us and are the responsibility of the buyer. Our goods are always shipped "duty unpaid and untaxed". The buyer is the "Importer of Record" and is responsible for the proper payment of duties and/or import taxes and must fully comply with all laws and regulations of the importing country. Since the rules for importing goods vary from country to country, you should check your country's customs duties and import taxes before placing your order. The buyer is obliged to check that all laws and regulations of the importing country have been complied with upon receipt of the goods.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Compliance 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 reliability and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period is the same as 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 guarantee does not apply if:
the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been handled on the packaging;
the inadequacy is wholly or partly the result of regulations that the government has issued or will issue with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
The company will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, 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 or only partially be carried out, the consumer will be informed of this within 30 days of placing the order. In that case, the consumer has the right to dissolve the contract without costs and without being entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement item. At the latest at the time of delivery, it will be communicated in a clear and comprehensible manner that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment shall be 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration agreements: duration, termination and renewal
Termination
The consumer can terminate a contract with an indefinite duration that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and with a notice period of up to one month.
The consumer can terminate a fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the applicable termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs at any time:
terminate at any time and not be limited to a specific date or period;
terminate them at least in the same way as they were concluded
always terminate with the same notice period that the entrepreneur has set for himself.
Renewal
A fixed-term contract that has been concluded for the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily newspapers and weekly magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.
A fixed-term contract for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month; the notice period may not exceed three months if the contract extends to the regular, but less than once a month, delivery of daily newspapers, news and weekly magazines.
A fixed-term contract for the regular delivery of trial dailies, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends 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 a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
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 referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the implementation of the agreement should be submitted to the entrepreneur fully and clearly described within 7 days 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is considered justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer is domiciled abroad.
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