Article 1 – Definitions
The terms used in these conditions are defined as follows:
Supplementary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
Cooling off period: the period within which the consumer can exercise his right of withdrawal.
Consumer: a natural person who is not acting for purposes relating to his trade, business or professional activities;
Day: calendar day;
Digital content: data which is produced and delivered in digital form;
Continuing performance contract: a contract for the regular delivery of goods, services and/or digital content over a specified period;
Durable data carrier: any tool – including e-mail – that enables the consumer or trader to store information addressed to them personally in a manner which allows future reference or use during a period which is matched to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the option for the consumer to withdraw from the contract within the cooling off period;
Trader: a natural person or legal entity that offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer in the context of an organised system for the distance selling of products, digital content and/or services, whereby exclusive use is made of one or more technologies for remote communication up to and including the conclusion of the contract. Model form for withdrawal: The European model form for withdrawal included in Appendix I to these conditions;
Technology for communication at a distance: resource that can be used to conclude a contract without the consumer and the trader having to meet at the same time in the same place.
Article 2 – Identity of the trader
Lifestyle Monitors
Address: Vlierlaan 238
4907AX Oosterhout
The Netherlands
Telephone number: +31 162 695378
Accessibility: from Monday to Friday from 9.00 AM to 17.00 PM
Email address: customerservice@liferstylemonitors.com
Chamber of Commerce number Netherlands 881456774
VAT identification number: NL004659686B73
Article 3 – Applicability
These general conditions govern all of the trader’s offers and distance contracts between the trader and the consumer.
The text of these general conditions must be made available to the consumer before the distance contract is concluded. If this cannot reasonably be considered possible, the trader will state prior to the distance contract being concluded how the general conditions held by the trader can be viewed and that they will be sent as soon as possible and free of charge at the consumer’s request.
If the distance contract is entered into by electronic means, contrary to the previous paragraph and prior to the distance contract being concluded, the text of these general conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this cannot reasonably be considered possible, it will be stated prior to the distance contract being concluded where the general conditions can be viewed by electronic means and that they will be sent as soon as possible and free of charge by electronic or other means at the consumer’s request.
If specific product or service conditions are applicable in addition to these general conditions, the second and third paragraphs will apply correspondingly and in the event of conflicting conditions the consumer can at all times invoke the relevant provision that is most favourable to him.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer will contain a complete and accurate description of the products, digital content and/or services on offer. The description will be sufficiently detailed to make it possible for the consumer to adequately evaluate the offer. If the trader makes use of images they must accurately reflect the products, services and/or digital content on offer. The trader is not bound by manifest errors in the offer.
The offer will contain details of any delivery restrictions and details of which means of payment are accepted.
All offers will contain sufficient information to clarify the consumer’s rights and obligations if he accepts the offer.
Article 5 – The contract
Subject to the provisions of paragraph 4 the contract will be concluded by means of the consumer’s acceptance of the offer and by meeting the conditions set in that regard.
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. The consumer can dissolve the contract for as long as the trader has not confirmed receipt of this acceptance.
If the contract is formed by electronic means, the organisation will take appropriate technical and organisational measures to protect the electronic transfer of data and will provide a secure web environment. If the consumer is able to pay by electronic means, the trader will put appropriate security measures in place.
The trader is permitted – within the legal constraints – to ascertain whether the consumer is able to meet his payment obligations as well as all of the facts and factors which are important for entering into the distance contract responsibly. If this investigation gives the trader good cause to decide against concluding the contract, he will have the right to refuse an order or application, giving reasons, or to attach special conditions to the execution of the contract.
The trader will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier no later than the delivery of the product, or the prior to the commencement of the service or digital content:
the identity of the trader and the visiting address of the trader’s establishment where the consumer can submit complaints (including a telephone number, fax and email address, if available);
a complete and accurate description of the products, digital content and/or services which are being contracted for;
the conditions under and the manner in which the consumer can exercise the right of withdrawal, or a clear statement to the effect that there is no right of withdrawal;
the information about guarantees and existing service following purchase;
the price of the product, service or digital content including all taxes; where applicable, the costs of delivery; and the means of payment, delivery or execution of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period;
n the case of a contract for the sale of a product, a reminder that the trader is under a legal duty to supply the product in conformity with the contract;
if the consumer has a right of withdrawal, the model form for withdrawal.
In the case of a continuing performance contract, the provision of the previous paragraph is applicable to the first delivery only.
Article 6 – Right of withdrawal
The consumer can dissolve a contract relating to the purchase of a product during a cooling off period of 30 days without giving reasons. he trader may ask the consumer for the reason for withdrawal, but he is not obliged to give his reason(s).
The cooling off period referred to in paragraph 1 commences on the day after the consumer or a third party designated by the consumer in advance who is not the shipper has received the product, or
if the consumer has ordered multiple products in a single order: the day on which the consumer or a third party designated by him has received the last product. The trader may refuse an order for multiple products with different delivery times, provided that it has clearly informed the consumer of this prior to the ordering process.
if the delivery of a product consists of various shipments of parts: the day on which the consumer or a third party designated by him has received the final shipment or the last part;
for contracts for regular delivery of products over a specified period: the day on which the consumer or a third party designated by him has received the first product.
For services and digital content which is not supplied on a physical carrier:
The consumer can dissolve a service contract and a contract for the delivery of digital content which is not supplied on a physical carrier within 30 days without giving reasons. he trader may ask the consumer for the reason for withdrawal, but he is not obliged to give his reason(s).
The cooling off period referred to in paragraph 3 commences on the day following the day on which the contract is concluded.
Extended cooling off period for products, services and digital content which is not supplied on a physical carrier if not informed about the right of withdrawal:
If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling off period will end twelve months after the end of the original cooling off period calculated in accordance with the previous paragraphs of this article.
If the trader has provided the information referred to in the previous paragraph within twelve months of the start date of the original cooling off period, the cooling off period will end 14 days after the day on which the consumer has received the information.
Article 7 – Obligations of the consumer during the cooling-off period The consumer will treat the product and its packaging with due care during the cooling-off period. He shall unpack or use the product only to the extent necessary or to determine the nature, characteristics and operation of the product. The guiding principle here is that the consumer may only handle and inspect the product as he might in a store. The consumer is only liable for the decrease in value of the product resulting from treatment of the product beyond that permitted in paragraph 1. The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract. Article 8 – Exercise of the right of withdrawal by the consumer and associated costs If the consumer exercises his right of withdrawal, he shall notify this within the withdrawal period by means of the model withdrawal form or in another unambiguous manner. De consument zendt het product zo spoedig mogelijk, doch in ieder geval binnen 14 dagen vanaf de dag volgend op de in lid 1 bedoelde kennisgeving, terug of overhandigt het aan (een gemachtigde van) de handelaar. This is not necessary if the merchant has offered to pick up the product himself. In any case, the consumer is deemed to have complied with the return period if he returns the product before the expiration of the cooling-off period. The consumer shall return the product with all delivered accessories, as far as reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the merchant. The risk and burden of proof of proper and timely exercise of the right of withdrawal lie with the consumer. The consumer bears the direct cost of returning the product. If the merchant has not indicated that the consumer must bear these costs or if the merchant indicates that he will bear the costs himself, the consumer does not have to bear the cost of returning the product. the trader has failed to provide the consumer with the legally required information on the right of withdrawal, the payment of costs in case of withdrawal or the model withdrawal form, or The consumer will not bear any costs for the supply, in full or in part, of digital content which is not supplied on a physical medium, if: he has not expressly consented to the beginning of the performance of the contract before the end of the cooling-off period preceding delivery; he has not acknowledged that by giving his consent he will lose his right of withdrawal; or the trader has failed to confirm this statement by the consumer. If the consumer exercises his right of withdrawal, all ancillary contracts are dissolved by operation of law. Article 9 – Obligations of the trader in case of withdrawal If the trader offers the consumer the possibility to notify withdrawal electronically, he shall send a confirmation of receipt of this notification as soon as possible after receipt. The operator will refund all payments made by the consumer, including any delivery costs charged by the operator for the returned product, as soon as possible, but in any case within 14 days from the day following the day on which the consumer notifies him of the withdrawal. Unless the merchant offers to pick up the product himself, he may refrain from refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier. The merchant will use the same means of payment as the consumer used for the refund, unless the consumer agrees to a different means of payment. De terugbetaling zal gratis zijn voor de consument. Indien de consument heeft gekozen voor een duurdere leveringsmethode dan de goedkoopste standaardlevering, hoeft de handelaar de extra kosten voor de duurdere methode niet terug te betalen. Article 10 – Exclusion of the right of withdrawal The trader may exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this in the offer, or in good time before concluding the contract: The performance has started with the express prior consent of the consumer; and the consumer has acknowledged that he will lose his right of withdrawal once the trader has fully performed the contract; Sealed audio and video recordings and computer software of which the seal has been broken after delivery; The supply of digital content other than on a physical carrier, but only if: The performance has started with the express prior consent of the consumer; and the consumer has acknowledged that he will lose his right of withdrawal as a result. Article 11 – Price The prices of the products and/or services offered will not be increased during the validity period stated in the offer, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the merchant may offer products and services at variable prices, if the prices are subject to fluctuations in the financial market which are beyond the merchant’s control. This bond to fluctuations and the fact that the prices stated are indicative only are mentioned in the offer. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions. Price increases within 3 months after the conclusion of the contract are only allowed if the trader has stipulated it and they are the result of legal regulations or provisions; or the consumer is authorized to terminate the contract as of the date on which the price increase takes effect. The prices of the products or services mentioned in the offer include VAT. Article 12 – Compliance and additional warranty The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. was formed. If agreed, the merchant also guarantees that the product is suitable for other than normal use. Article 13 – Delivery and execution The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services. The place of delivery is the address communicated by the customer to the merchant. Subject to what is stated in this regard in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after the order was placed. In this case, the consumer has the right to rescind the contract without cost and the right to compensation. After dissolution in accordance with the previous paragraph, the merchant shall promptly refund the amount paid by the consumer. Unless expressly agreed otherwise, the risk of damage and/or loss of the products shall be borne by the merchant until the time of delivery to the customer or a representative previously disclosed to the merchant. Article 14 – Payment Insofar as the agreement or additional conditions do not provide otherwise, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. Article 15 – Complaint Procedure The merchant shall have a sufficiently publicized complaint procedure and shall settle complaints in accordance with this complaint procedure. Complaints about the performance of the contract must be submitted to the merchant as soon as possible, fully and clearly described. Complaints submitted to the merchant will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the merchant will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response. Article 16 – Disputes These general terms and conditions and all contracts between the consumer and the merchant shall be governed by and construed in accordance with the laws of the Netherlands. In the event of a dispute or complaint, consumers may contact Lifestyle Monotors customer service to reach an amicable agreement. If the parties fail to reach an amicable settlement, the dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts. Article 17 – Additional and differing provisions Additional conditions or conditions contrary to these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier. Article 18 – Modification of the General Conditions The merchant has the right to modify these conditions from time to time. The most recent version of the terms and conditions will be posted on the website. Amendments to these terms and conditions shall not take effect until they are published in an appropriate manner, provided that in the event of amendments in the course of an offer, the provision most favorable to the consumer shall prevail.
