Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader;
Day: calendar day;
Ongoing transaction: a distance contract concerning a series of products and/or services for which the delivery and/or purchase obligation is spread over time;
Durable medium: any means that allows the consumer or trader to store information directed to them personally in a manner that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded within the framework of a system organized by the trader for the distance sale of products and/or services, whereby one or more means of distance communication are used exclusively until the conclusion of the contract;
Means of distance communication: a method that can be used to conclude a contract without the consumer and the trader having to be in the same place at the same time;
General Terms and Conditions: these current general terms and conditions of the trader.
Article 2 – Identity of the Trader
Business name: LW Business
Trade name: Everbay Wear
Chamber of Commerce number (KvK): 90780302
VAT number: NL004840558B79
Customer service email: support@everbaywear.com
Business address: Namenstraat 5, 7559 NX, Hengelo, The Netherlands
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer, including any resulting orders.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate before the conclusion of the distance contract how the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge upon the consumer’s request as soon as possible.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge at the consumer’s request by electronic means or otherwise.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting terms and conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the agreement and these terms shall remain in force. The affected provision will be replaced by a provision that most closely matches the purpose of the original.
Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of these terms shall also be interpreted “in the spirit” of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader reserves the right to modify or amend 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 a proper assessment of the offer. If the trader uses images, these shall be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images, specifications, and data provided in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.
Images of products are a truthful representation of the products offered. However, the trader cannot guarantee that the colors displayed will exactly match the actual colors of the products.
Each offer shall contain sufficient information for the consumer to understand the rights and obligations involved in accepting the offer. This includes, in particular:
the price, excluding clearance fees and import VAT. These additional costs are the customer's responsibility. The postal or courier service will, in regard to the import, apply the special scheme for postal and courier services. This scheme applies when goods are imported into the EU country of destination, as is the case here. The postal or courier service collects VAT (possibly together with applicable clearance fees) from the recipient of the goods;
any applicable shipping costs;
the manner in which the contract will be concluded and which steps are required;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the deadline for accepting the offer, or the period during which the trader guarantees the price;
the level of the rate for distance communication if the cost of using the means of distance communication is calculated on a different basis than the basic rate for the means of communication used;
whether the agreement will be archived after it is concluded, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided under the agreement;
any other languages in which the agreement may be concluded in addition to Dutch;
the codes of conduct to which the trader has submitted and how the consumer can access these codes electronically;
the minimum duration of the distance contract in the case of a continuing transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader shall confirm receipt of acceptance of the offer without delay via electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures for this purpose.
The trader may, within the legal framework, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance agreement. If, based on this investigation, the trader has good reasons not to enter into the agreement, they are entitled to refuse an order or request with justification, or to attach special conditions to its execution.
The trader shall send the following information with the product or service to the consumer, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:
the visiting address of the trader's business establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about after-sales services and guarantees;
the data mentioned in Article 4(3) of these terms, unless the trader has already provided this information to the consumer before the performance of the agreement;
the requirements 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 transaction, the previous paragraph shall only apply to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without providing any reason for a period of 30 days. This cooling-off period starts on the day after the consumer, or a third party previously designated by the consumer and known to the trader, has received the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall return the product with all delivered accessories, and—if reasonably possible—in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the trader of this within 30 days of receiving the product. The notification must be made by written message or email. After this notification, the customer must return the product within 30 days. The consumer must provide proof that the items were returned on time to the place of origin. This may also be directly to our supplier in China. The customer can prove this, for example, by providing proof of shipment.
If the consumer has not communicated the intention to use the right of withdrawal within the terms specified in paragraphs 2 and 3, or has not returned the product to the trader, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products are entirely at the consumer's expense. Note that this also includes any costs for returning the product to the country of origin, i.e. our supplier in China.
If the consumer has already made a payment, the trader shall refund this amount as soon as possible, but no later than 30 days after the withdrawal. This refund is subject to the condition that the returned product has already been received by the trader or conclusive proof of full return has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer's right of withdrawal for certain products or services, as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if clearly stated in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the trader according to the consumer's specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio or video recordings and computer software whose seal has been broken by the consumer;
for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
whose delivery has begun with the consumer’s explicit consent before the end of the cooling-off period;
concerning bets and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the trader has no influence. This dependency on fluctuations and the fact that any stated prices are target prices shall be explicitly mentioned in the offer.
Price increases within three months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases after three months following the conclusion of the agreement are only allowed if:
they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement effective from the day the price increase takes effect.
The place of delivery, pursuant to Article 5(1) of the Dutch VAT Act 1968, is deemed to be the country where transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or clearance fees from the recipient. The trader will not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of such errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
Any additional warranty provided by the trader, manufacturer, or importer shall never affect the legal rights and claims that the consumer may assert against the trader under the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. Returned products must be in their original packaging and condition.
The warranty period provided by the trader corresponds to the manufacturer’s warranty period. However, the trader shall never be responsible for the ultimate suitability of the products for individual applications by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader’s instructions and/or the packaging;
The defect is wholly or partly the result of regulations imposed or to be imposed by authorities concerning the nature or quality of the materials used.
Article 11 – Delivery and Execution
The trader shall exercise the utmost care when receiving and fulfilling orders for products.
The delivery address shall be the address provided by the consumer to the trader.
Subject to what is stated in Article 4 of these terms and conditions, the trader shall execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without cost and may be entitled to compensation.
In the event of dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, and no later than within 30 days after dissolution.
If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement item. At the latest upon delivery, the trader shall clearly and comprehensibly state that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. Any costs of return shipment are at the trader’s expense.
The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or a third party designated in advance and made known to the trader, unless explicitly agreed otherwise.
Article 12 – Duration Transactions: Termination and Renewal
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a fixed period and that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may:
terminate the agreements mentioned in the previous paragraphs at any time and not be limited to termination at a specific time or during a specific period;
terminate such agreements at least in the same way as they were entered into;
always terminate them with the same notice period as the trader has stipulated for themselves.
Renewal
A contract that has been entered into for a fixed period and that involves the regular delivery of products or services may not be tacitly renewed or extended for a fixed duration.
By way of derogation, a contract that has been entered into for a fixed period for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.
A contract that has been entered into for a fixed period and that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract is for the delivery of newspapers and magazines less frequently than once a month.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines for introductory purposes (trial or introductory subscriptions) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract lasts more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
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(1). In the case of a service agreement, this period starts after the consumer has received confirmation of the contract.
The consumer is obliged to report any inaccuracies in the provided or stated payment details to the trader without delay.
In case of default by the consumer, the trader is entitled—subject to statutory limitations—to charge the consumer for all reasonable costs previously made known to them.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the trader within 7 days after the consumer has identified the defects. The complaint must be fully and clearly described.
Complaints submitted to the trader shall be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader shall respond within the 30-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader shall either replace or repair the delivered products free of charge, at their discretion.
Article 15 – Disputes
Contracts concluded between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
Mandatory consumer protection provisions of the consumer’s country of residence may still apply where legally required.