Terms of service

ANVY.nl
Pekstraat 2
8211 AB
LELYSTAD


Email address: info@anvy.nl
Chamber of Commerce number: 39057917
VAT identification number: NL809457386B01

1 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may 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, deviating from the previous paragraph. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

2 - The offer

  1. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

3 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.

4 - Right of withdrawal

  1. The consumer can dissolve an agreement regarding the purchase of a product within a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot obligate him to provide his reason(s).
  2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
  3. 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 entrepreneur may refuse an order of multiple products with different delivery times, provided he has clearly informed the consumer about this prior to the ordering process.
  4. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
  5. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The notification must be made by the consumer using the model form. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment. Download the model form for withdrawal here: https://cdn.webshopapp.com/shops/280311/files/311759292/modelformulier-voor-herroeping.doc

5 - Consumer obligations during the reflection period

  1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

6 - Exercising the right of withdrawal by the consumer and associated costs

  1. If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period if they return the product before the reflection period has expired.
  3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
  6. If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.

7 - Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur allows the notification of withdrawal by the consumer electronically, they will promptly send a confirmation of receipt upon receiving this notification.
  2. The entrepreneur will refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer demonstrates that they have returned the product, whichever comes first.
  3. The entrepreneur will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund will be free of charge for the consumer.
  4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement:

  1. Products whose price is linked to fluctuations in the financial market that the entrepreneur cannot influence and which may occur within the withdrawal period;
  2. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  3. Products that have been irrevocably mixed with other products after delivery due to their nature;
  4. Products that are on sale;

9 - The price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products whose prices are linked to fluctuations in the financial market and which the entrepreneur cannot influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
  3. The prices mentioned in the offer of products or services are inclusive of VAT.

10 - Compliance with the agreement and additional warranty

  1. 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 legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  2. An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the agreement.
  3. Additional warranty refers to any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

11 - Delivery and execution

  1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has communicated to the entrepreneur. If the address has been incorrectly provided by the consumer, the consumer has no right to a refund. More information regarding incorrectly provided addresses can be found in the FAQ's. 
  3. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and communicated representative, unless expressly agreed otherwise.

12 - Payment

  1. Unless otherwise specified in the agreement or additional terms, 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. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
  2. The consumer is obliged to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
  3. If the consumer fails to meet their payment obligation(s) on time, after being notified by the entrepreneur of the late payment and given a period of 14 days to fulfill their payment obligations, the products will not be delivered if payment is not received within this 14-day period.

13 - Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and will handle the complaint in accordance with this complaints procedure.
  2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clear detail within a reasonable time after the consumer has identified the defects.
  3. 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 acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation.
  5. In the case of complaints, a consumer should first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and if complaints cannot be resolved through mutual consultation, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/leden/. If no solution is reached, the consumer has the option to have their complaint handled by the independent dispute committee appointed by Stichting WebwinkelKeur; the ruling is binding and both the entrepreneur and the consumer agree to this binding ruling. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).