📜 General 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 the right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Duration transaction: a distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s right to dissolve the distance contract within the withdrawal 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 up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Means of distance communication: means that can be used for concluding an agreement without the consumer and the trader being in the same place at the same time;
General terms and conditions: these general terms and conditions of the trader.

Article 2 – Identity of the Trader

Avore
Merwedesingel 11, 3353 GN Papendrecht, The Netherlands
E-mail: support@avore.uk
Chamber of Commerce number: 92683258
VAT identification number: NL004970043B72

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract and order concluded between the trader 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 distance contract is concluded that the general terms and conditions can be inspected at the trader’s premises, and they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be provided 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 will be indicated before the conclusion of the distance contract where the general terms and conditions can be inspected electronically, and that they will be sent electronically or otherwise free of charge to the consumer upon request.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and the remaining provisions of these terms shall remain in force, and the relevant provision shall be replaced immediately, in mutual consultation, by a provision that approximates the purpose of the original as closely as possible.

Situations not regulated in 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 shall be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The Offer

The offer contains a complete and accurate description of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the offered products. The trader cannot guarantee that the colors shown exactly match the real colors of the products.

Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:

The price including taxes;
Any shipping costs;
The way in which the agreement will be concluded and what actions are necessary for this;
The applicability or non-applicability of the right of withdrawal;
The method of payment, delivery, and performance of the agreement;
The period for accepting the offer or the period within which the trader guarantees the price;
The level of the rate for distance communication, if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate for the communication method used;
Whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
The way in which the consumer can check and, if desired, correct the information provided by them in the context of the agreement before it is concluded;
Any other languages in which the contract can be concluded in addition to Dutch;
The codes of conduct to which the trader is subject, and how the consumer can consult these codes electronically;
The minimum duration of the distance contract in the case of a duration transaction;
Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement, subject to the provisions of Article 4, is concluded at the moment the consumer accepts the offer and meets the conditions set therein. If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as 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 ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

Within the limits of the law, the trader may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good grounds not to conclude the agreement, he is entitled to refuse an order or application or to attach special conditions to its execution, while stating the reasons.

The trader shall send the following information with the product or service, in writing or in such a way that the consumer can store it on a durable medium:
a. The address of the trader’s business premises where the consumer may lodge complaints;
b. The conditions for and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. Information about guarantees and existing after-sales service;
d. The information referred to in Article 4, paragraph 3, unless the consumer has already received this information prior to the execution of the agreement;
e. The requirements for terminating the contract if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after the consumer, or a third party previously designated by the consumer who is not the carrier, has received the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product.

If the consumer wishes to exercise the right of withdrawal, they must inform the trader within 14 days after receipt of the product. The consumer must do so by means of a written message/email. Once the consumer has indicated that they wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the returned goods have been sent back on time, for example by means of a proof of dispatch.

If the consumer has not expressed their intention to exercise the right of withdrawal or has not returned the product to the trader within the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products shall be borne by the consumer. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the trader having already received the returned product or the consumer being able to provide conclusive evidence of the complete return.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for certain products and services, provided that the trader clearly states this in the offer and before the agreement is concluded. Exclusion of the right of withdrawal is only possible for products and services:

a. Made to the consumer’s specifications;
b. Of a personal nature and cannot be returned;
c. That can spoil or age quickly;
d. Subject to fluctuations in the financial market beyond the trader’s control;
e. Newspapers, periodicals, or magazines, or products sealed for hygiene reasons and whose seal has been broken by the consumer;
f. Hygienic products of which the consumer has broken the seal;
g. Services that have already commenced with the consumer’s express consent before the cooling-off period has expired;
h. Accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period.

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.

Contrary to the previous paragraph, the trader may offer products or services at variable prices if these are subject to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any prices mentioned are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory provisions or regulations.

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
a. They are the result of statutory provisions or regulations; or
b. The consumer has the right to terminate the agreement on the day on which the price increase takes effect.

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 reliability and usability, and the legal provisions and government regulations existing on the date of conclusion of the agreement.

If specific agreements have been made regarding the use of the product for purposes other than normal use, the trader also guarantees that the product is suitable for those other purposes.

Any additional guarantees provided by the trader, manufacturer, or importer do not affect the legal rights and claims that the consumer may assert against the trader under the agreement.

Any defective or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. It is important to note that the trader is not responsible for the ultimate suitability of the products for each individual application of 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 themselves or has had them repaired and/or modified by a third party;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly, or contrary to the instructions of the trader and/or on the packaging;
The defect is wholly or partly the result of regulations imposed or to be imposed by the authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader shall take the greatest possible care in receiving and executing product orders. The place of delivery is the address that the consumer has made known to the company.

Accepted orders shall be executed promptly, but no later than within 30 days, unless a longer delivery period has been agreed and accepted by the consumer.

If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be informed about this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation. In case of dissolution, the trader will refund the amount paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the trader will make every effort to provide a replacement item. For replacement items, the right of withdrawal cannot be excluded.

The cost of any return shipment shall be borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless otherwise expressly agreed.

Article 12 – Duration Transactions: Termination and Renewal

Termination:

An open-ended agreement that involves the regular supply of products (including electricity) or services may be terminated by the consumer at any time, subject to the agreed termination rules and with a notice period of no more than one month.
A fixed-term agreement for the regular supply of products (including electricity) or services may be terminated by the consumer at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned above at any time and is not restricted to termination at a specific time or during a specific period.
Termination shall be possible in the same manner as the agreement was entered into.
The notice period for the consumer is equal to the notice period stipulated by the trader for himself.

Renewal:

A fixed-term agreement for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
A fixed-term agreement for the regular supply of daily newspapers, news, or weekly magazines may be tacitly renewed for a fixed term of up to three months, provided that the consumer may terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.