Terms and Conditions

Overview

This website is managed by ByLivia. Throughout the site, the terms "we," "us," and "our" refer to ByLivia. ByLivia provides this website, including all information, tools, and services available on this site, to you, the user, under the condition that you agree to all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing anything from us, you participate in our "Service" and agree to be bound by the following terms and conditions ("Service Terms," "Terms"), including any additional terms and policies referenced herein and/or available via a hyperlink. These Service Terms apply to all users of the site, including but not limited to users who are browsers, vendors, customers, sellers, and/or contributors of content. Please read these Service Terms carefully before visiting or using our website. By visiting or using any part of the site, you agree to be bound by these Service Terms. If you do not agree to all the terms of this agreement, you must not visit the website or use the services. If these Service Terms are considered an offer, acceptance is expressly limited to these Service Terms. Any new features or tools added to the current store will also be subject to the Service Terms. You can view the most recent version of the Service Terms on this page at any time. We reserve the right to update, modify, or replace any part of these Service Terms.

General Terms and Conditions

Article 1 - Definitions

In these terms, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: a natural person who is not acting in the course of their profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Continuous transaction: a distance contract related to a series of products and/or services, whose delivery and/or performance obligations are spread over time;
  • Durable data carrier: any medium that allows the consumer or entrepreneur to store information addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.
  • Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
  • Distance Contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, in which communication techniques are used exclusively for closing the contract;
  • Remote Communication Technique: a means used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same location.

Article 2 - Right of Withdrawal

The consumer has the right to withdraw from the contract within 60 days without providing any reason.
During the cooling-off period, the consumer must handle the product and packaging with care. If the consumer exercises their right of withdrawal, they must return the product with all accessories and, if possible, in its original condition, following reasonable instructions from the entrepreneur.

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, it will be indicated before the conclusion of the distance contract that the general terms and conditions can be viewed at the entrepreneur’s location, and they will be sent to the consumer free of charge upon request.

Article 4 - The Offer

If an offer is subject to a limited validity period or conditions, this will be clearly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer.

Article 5 - The Agreement

The agreement is concluded when the consumer accepts the offer and complies with the associated conditions.
If the consumer accepts the offer electronically, the entrepreneur will confirm the receipt of the acceptance electronically.

Article 6 - Cooling-Off Period

Upon purchasing products, the consumer has the possibility to cancel the agreement without providing a reason within 60 days.
The cooling-off period starts the day after the consumer or a designated third party (not the carrier) takes possession of the goods.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received by the entrepreneur or proof of return has been provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the right of withdrawal for certain products such as:

  • Products made according to consumer specifications;
  • Perishable goods or goods with a rapidly approaching expiry date;
  • Products where the consumer has broken the seal for hygienic reasons.

Article 9 - Price

The prices of offered products and/or services will not increase during the validity period stated in the offer, except for changes due to VAT rate changes.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement and the specifications stated in the offer. The warranty term from the entrepreneur corresponds to the manufacturer’s warranty.

Article 11 - Delivery and Execution

The entrepreneur will process accepted orders as soon as possible, but no later than 30 days, unless a longer delivery period has been agreed.
If delivery is delayed or if a product cannot be delivered, the consumer will be informed within 30 days of the order. The consumer has the right to cancel the agreement without any costs.

Article 12 - Duration Contracts: Termination and Renewal

The consumer can terminate an agreement for an indefinite period at any time, with a notice period of no more than one month.

Article 13 - Payment

Amounts due by the consumer must be paid within 7 working days after the cooling-off period begins.

Article 14 - Complaints Procedure

Complaints about the execution of the agreement must be submitted in writing within 7 days after discovering the defect. Complaints will be answered within 14 days of receipt.

Article 15 - Disputes

Dutch law applies to agreements between the entrepreneur and the consumer.