General
Table of Contents Article
1 – Definitions Article
2 – Identity of the entrepreneur Article
3 – Applicability Article
4 – The offer Article
5 – The agreement Article
6 – Right of withdrawal Article
7 – Costs in case of withdrawal Article
8 – Exclusion
right of withdrawal Article
9 – The price Article
10 – Conformity and warranty Article
11 – Delivery and execution Article
12 – Duration transactions: duration, termination and extension Article
13 – Payment Article
14 – Complaints procedure Article
15 – Disputes Article
16 – Additional or deviating provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Cooling-off period: the period within which the consumer can make use of his
right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a
profession or business and enters into a distance contract with the
entrepreneur;
3. Day: calendar day;
4. 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 time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to
store information addressed to him personally in a way that allows future
consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to cancel the distance
contract within the cooling-off period
;
7. Model form: the model form for withdrawal that the entrepreneur makes
available that a consumer can fill in when he wants to make use of his right of
withdrawal.
8. "Livepackopening.com": is part of "Elites Team Europe
B.V.", Wagenmakerij 13 4762AV Zevenbergen, registered in the Chamber of
Commerce under the number 86858114 and known to the VAT administration under
the number NL864118715B01, trading under the name
"Livepackopening.com".
9. Distance contract: an agreement whereby, within the framework of a system
organized by the entrepreneur for distance selling of products and/or services,
up to and including the conclusion of the agreement, exclusive use is made of
one or more techniques for distance communication;
10. Technique for distance communication: means that can be used to conclude an
agreement, without the consumer and entrepreneur having come together in the
same room at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the
entrepreneur.
Article 2 – Identity of the entrepreneur
Livepackopening.com
Wagenmakerij 13
4762AV Zevenbergen
Nederland
Telephone number: 0627345345
E-mail address: verkoop@Livepackopening.com
Chamber of Commerce number: 86858114
|VAT identification number: NL864118715B01
Article 3 – Applicability
1. These general terms and conditions apply to every offer made by the
entrepreneur and to every distance contract and orders concluded between
entrepreneur and 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, before the distance contract is concluded, it will be
indicated
that the general terms and conditions can be viewed by the entrepreneur and
they will be sent free of charge as soon as possible at the request of the
consumer.
3. 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 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 read electronically and
that they will be sent free of charge at the request of the consumer
electronically or otherwise.
4. In the event that specific product or service conditions apply in addition
to these general terms and conditions, the
second and third paragraphs apply mutatis mutandis and, in the event of
conflicting general terms and conditions, the consumer can
always invoke the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions are
at any time wholly or partially null and void or are annulled, the agreement
and these terms and conditions will otherwise remain in force and the relevant
provision will
be replaced immediately by a provision that approximates the scope of the
original as much as possible.
6. Situations that are not regulated in these general terms and conditions must
be assessed 'in the spirit' of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of
our terms and conditions must be interpreted 'in the spirit' of these general
terms and conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to
conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and
adjust the offer.
3. The offer contains a complete and accurate description of the products
and/or services offered. The description is sufficiently detailed to allow a
proper assessment of the offer by the consumer. If the entrepreneur
uses images, these are a true representation of the products and / or services
offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot
give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products
offered. Entrepreneur cannot guarantee that the displayed colors exactly match
the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what
rights and obligations are attached to the acceptance of the offer. This
concerns in particular:
o the price including taxes;
o the possible costs of shipping;
o the way in which the agreement will be concluded and which actions are
necessary for this;
o whether or not the right of withdrawal applies;
o the method of payment, delivery and execution of the agreement; o the period
for acceptance of the offer, or the period within which the entrepreneur
guarantees the price; o the level of the rate for distance communication
if the costs of using the technique for distance communication are calculated
on a basis other than the regular basic rate for the means of communication
used;
o whether the agreement is archived after its conclusion, and if so on which it
can be consulted by the consumer;
o the way in which the consumer can check the data provided by him in the
context of the agreement before concluding the contract and, if desired,
restore it;
o any other languages in which, in addition to Dutch, the agreement can be
concluded; o the codes
of conduct to which the entrepreneur has submitted and the way in which the
consumer can consult these codes of conduct electronically; and o the
minimum duration of the distance contract in the event of an extended
transaction.
Article 5 – 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 compliance with the
conditions set therein.
2. If the consumer has accepted the offer electronically
, the entrepreneur will immediately confirm receipt of the acceptance of the
offer electronically. As long as the agreement 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 secure web environment. If the consumer can pay
electronically
, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform himself whether the
consumer can meet his payment obligations, as well as all those facts and
factors that are important for a responsible conclusion of the distance
contract.
If, on the basis of this investigation, the entrepreneur has good reasons not
to enter into the agreement, he is entitled to refuse an order or request,
stating reasons, or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer 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 data carrier:
o the visiting address of the establishment of the entrepreneur where the
consumer can go with complaints;
o the conditions under which and the way in which the consumer can make use of
the right of withdrawal, or a clear statement regarding the exclusion of the
right of withdrawal;
o the information about guarantees and existing after-sales service; o the
information
included in article 4 paragraph 3 of these terms and conditions, unless the
entrepreneur has already provided this information to the consumer before the
execution of the agreement;
o the requirements for termination of the agreement if the agreement has a
duration of more than one year or is of indefinite duration.
6. In the case of an extended transaction, the provision in the previous
paragraph shall only apply to the first delivery.
7. Each agreement shall be entered into under the suspensive conditions of
sufficient availability of the products concerned.
Article 6 – Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option to dissolve the
agreement without giving reasons for 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.
2. During the cooling-off period, the consumer will handle the product and
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 with all
delivered accessories and – if reasonably possible – in the original condition
and packaging to the entrepreneur, in accordance with the reasonable and clear
instructions provided by the entrepreneur
.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged
to make this known to the entrepreneur within 14 days after receipt of the
product. The consumer must make this known by means of the model form.
After the consumer has indicated that he wants to make use of his right of
withdrawal, the customer must return the product within 14 days. The consumer
must prove that the delivered goods have been returned on time, for example
by means of proof of shipment.
4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the
customer has not indicated that he wishes to make use of his right of
withdrawal or has not returned the product to the entrepreneur, the purchase is
a fact.
5. The direct costs and risk of returning the products shall be borne by the
consumer, unless otherwise agreed.
6. Under no circumstances does a professional consumer have this right of
withdrawal.
When providing services:
1. When providing services, the consumer has the option to dissolve the
agreement without giving reasons for at least 14 days, starting on the day of
entering into the agreement.
2. In order to make use of his right of withdrawal, the consumer will focus on
the reasonable and clear instructions provided by the entrepreneur with the
offer and / or at the latest upon delivery.
Article 7 – Costs in case of
withdrawal
1. 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. However, the
condition is that the product has already been received back by the webshop
owner
or conclusive proof of complete return can be provided. Reimbursement will be
made via the same payment method used by the consumer unless the consumer
expressly gives permission for another payment method.
2. In the event of damage to the product
due to careless handling by the consumer himself, the consumer is liable for
any depreciation of the product.
3. The consumer cannot be held liable for depreciation of the product if the
entrepreneur has not provided all legally required information about the right
of withdrawal, this must be done before the conclusion of the purchase agreement.
4. If the Consumer withdraws from the contract, the Consumer will receive back
the payments he made at that time for the goods of Livepackopening.com, including delivery and
transaction costs insofar as Livepackopening.com delivered one or more products
that were not in accordance with the Consumer's order (with the exception of
any additional costs resulting from the Consumer's choice of a method of
delivery other than those made by
Livepackopening.com cheapest standard delivery offered) without delay
and in any case no later than 14 calendar days after Livepackopening.com has
been informed of the Consumer's decision to withdraw from the contract.
5. Livepackopening.com will then
reimburse the Consumer using the same means of payment with which the Consumer
made the original transaction, unless the Consumer has expressly agreed
otherwise. If the Consumer opted for a method of reimbursement other than that
with which he placed the order, any additional transaction costs will be borne
by the Consumer. Livepackopening.com may wait with the refund until
Livepackopening.com has recovered the products and checked their condition. The
reimbursement of the delivery and transaction costs by Livepackopening.com is
always pro rata and without prejudice to Article 7.5
Article 8 – Exclusion of the
right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products
as 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 time for the conclusion of the
agreement.
2. Exclusion of the right of withdrawal is only possible for products:
o that have been created by the entrepreneur in accordance with the consumer's
specifications;
o For sealed products. If the seal is broken, these products cannot be
returned.
o which are clearly personal in nature;
o which, by their nature, cannot be returned;
o that can spoil or age quickly;
o whose price is subject to fluctuations in the financial market over which the
entrepreneur has no influence;
o for individual newspapers and magazines;
o for audio and video recordings and computer software of which the consumer
has farmed the seal;
o for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
o concerning accommodation, transport, restaurant business or leisure
activities to be carried out on a certain date or during a certain period;
o the delivery of which has started with the express consent of the consumer
before the cooling-off period has expired;
o concerning bets and lotteries.
Article 9 – The price
1. During the period of validity stated in the offer, the prices of the
products and/or services offered will not be increased, except for price
changes due to changes in VAT rates.
2. Contrary to 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 link to fluctuations
and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are
only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only
permitted if the entrepreneur has stipulated this and: o
these are the result of statutory regulations or provisions; or o the
consumer has the authority to terminate the agreement with effect from the day
on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is
accepted for the consequences of printing and typesetting errors. In case of
printing and typesetting errors, the entrepreneur is not obliged to deliver the
product according to the incorrect price.
Article 10 – Conformity and
warranty
1. 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 existing on the date of the conclusion of the
agreement
. If agreed, the entrepreneur also guarantees that the product is suitable for
other than normal use.
2. 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 agreement.
3. Any defects or incorrectly delivered products must be reported in writing to
the entrepreneur within 2 months after delivery. The products must be returned
in their original packaging and in new condition.
4. The warranty period
of the entrepreneur corresponds to 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.
5. The warranty does not apply if: o the
consumer has repaired and/or processed
the delivered products himself or has had them repaired and/or processed by
third parties;
o the delivered products have been exposed to abnormal conditions or are
otherwise handled carelessly or are contrary to the instructions of the
entrepreneur and / or have been treated on the packaging;
o the inadequacy is wholly or partly the result of regulations that the
government has set or will set with regard to the nature or quality of the
materials used.
Article 11 – Delivery and
execution
1. The entrepreneur will take the greatest possible care when receiving and
executing orders for products and when assessing requests for the provision of
services.
2. The place of delivery is the address that the consumer has made known to the
company.
3. Subject to what is stated in paragraph 4 of this article, the company will
execute accepted orders expeditiously but no later than 30 days, unless the
consumer has agreed to a longer delivery period.
If the delivery is delayed, or if an order cannot or only partially be
executed, the consumer will be notified of this no later than 30 days after he
has placed the order. In that case, the consumer has the
right to dissolve the agreement free of charge. The consumer is not entitled to
compensation.
4. All delivery times are indicative. The consumer cannot derive any rights
from any mentioned periods. Exceeding a period does not entitle the consumer to
compensation.
5. In the event of dissolution
in accordance with paragraph 3 of this article, the entrepreneur will refund
the amount paid by the consumer as soon as possible, but no later than 14 days
after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will
make every effort to make a replacement item available. At the latest upon
delivery, it will be reported in a clear and understandable manner that a replacement
item will be delivered. In the case of replacement items, the right of
withdrawal cannot be excluded. The costs of any return shipment are at the
expense of the entrepreneur.
7. 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
transactions: duration, termination and extension
Termination
1. The consumer can terminate an agreement that has been entered into for an
indefinite period and that extends to the regular delivery of products
(including electricity) or services, at any time with due observance of agreed
termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been entered into for a
definite period and that extends to the regular delivery of products (including
electricity) or services, at any time towards the end of the fixed term, subject
to agreed
termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous
paragraphs:
o at any time and not be limited to termination at a certain time or in a
certain period;
o at least denounce in the same way as they were entered into by him;
o always terminate with the same notice period as the entrepreneur has
stipulated for himself.
Extension
1. An agreement that has been entered into for a definite period and that extends
to the regular delivery of products (including electricity) or services may not
be tacitly renewed or renewed for a fixed period.
2. By way of derogation from the previous paragraph, a fixed-term contract for
the regular delivery of daily, news and weekly newspapers and magazines may be
tacitly renewed for a fixed period of up to
three months, if the consumer can terminate this extended contract towards the
end of the extension with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and that
extends to the regular delivery of products or services may only be tacitly
renewed for an indefinite period if the consumer may terminate at any time with
a notice period of no more
than one month and a notice period of no more than three months in the event
that the agreement extends to the regulated,
but less than once a month, delivering daily, news and weekly newspapers
and magazines.
4. An agreement with limited duration until the regular delivery of daily, news
and weekly newspapers and magazines (trial or introductory subscription) shall
not be tacitly continued and shall automatically end at the end of the trial or
introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may
terminate the agreement at any time after one year with a notice period of no
more than one month, unless reasonableness and fairness oppose termination
before the end of the
agreed duration.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid
within 7 working days after the start of the cooling-off period as referred to
in Article 6 paragraph 1. In the case of an agreement to provide
a service, this period starts after the consumer has received confirmation of
the agreement.
2. The consumer has the obligation to report inaccuracies in provided or stated
payment details to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right,
subject to legal restrictions, to charge the reasonable costs made known to the
consumer in advance.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and
handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and
clearly described to the entrepreneur within 2 months, after the consumer has
discovered 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 foreseeable longer
processing time, the entrepreneur will respond within the period of 14 days
with a message of receipt and an indication when the consumer can expect a more
detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises
that is subject to dispute settlement.
5. A complaint does not suspend the obligations of the entrepreneur, unless the
entrepreneur indicates otherwise in writing.
6. If a complaint is found to be well-founded by the entrepreneur, the
entrepreneur will, at its discretion, replace or repair the delivered products
free of charge.
Article 15 – Disputes
1. Agreements between the entrepreneur and the consumer to which these general
terms and conditions apply are exclusively governed by Dutch law. Even if the
consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 – Additional or
deviating provisions
Additional or deviating from 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.
B2B rules
Different rules apply to B2B orders, the consumer law expires.
When is an order b2b?
An order is considered B2B when company name and VAT number are stated on the
invoice.
For B2B orders the following rules apply:
RETURN POLICY
Our company has a non-return policy for B2B shipments.
For complaints about missing or damaged delivered goods, you can contact
Livepackopening within 3 working days after the delivery day.
MISCELLANEOUS Force Majeure: If due to uncontrollable reasons (e.g. bad
weather, strikes, etc.) the delivery of the products is not possible within a
reasonable period of time, we will inform you by e-mail, asking if you still
want to complete your order under these conditions.
Responsibility of www.Livepackopening.com: The webshop is not liable for defects or poor quality of the content of the products it offers to its customers. All products are received shrink packed by the suppliers. If a defective product is found in the quantity delivered, please contact us at verkoop@Livepackopening.com so that we can resolve the issue.
Change of conditions: The website www. Livepackopening.com reserves the right to change or renew the trading conditions. Livepackopening undertakes to update this document for any change or addition to the terms and conditions. Before payment is made in full, the products in your order remain the property of Livepackopening.
Order confirmation
Before shipment, our sales department will contact you to check and confirm the
order.
Pre-orders / reorders / orders
For upcoming releases you will receive a newsletter with information about the
products that are open for pre-order.
Please place your pre-orders by email
in an excel file (if possible) within the requested period.
All prices and release dates are subject to change. All orders/
pre-orders/backorders are considered binding, which means there can be no
cancellations.
We try to fulfill all orders, so
be careful not to overorder,
In case of limited availability of the product there may be an assignment on
the respective pre-orders/backorders.