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General Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period within which the consumer can 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 entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's option to cancel the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance contract: a contract in which, 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 contract, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same room.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Company name: HighValueDJ

Chamber of Commerce number: 90106407

Trade name: Shiva

VAT number: NL004789146B97

Customer service email: info@shivawellbeing.nl

Business address: Rembrandtstraat, 24

1701JC Heerhugowaard, Netherlands

 

Article 3 - Applicability 

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected by the consumer and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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 consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

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 the consumer can always invoke the most favorable applicable provision in the event of conflicting general terms and conditions.

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 contract and these terms and conditions will remain in force for the remainder, and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable 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 obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. 

Every offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

the price, with the exception of customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to import. This arrangement applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (possibly together with the customs clearance costs charged) from the recipient of the goods;

any shipping costs;

the way in which the agreement will be concluded and which actions are required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery, and execution of the agreement;

the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

the amount 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 communication method used;

whether the agreement will be archived after its conclusion, 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 desired, correct the data provided by them in the context of the agreement;

any other languages in which the agreement can be concluded, in addition to Dutch;

the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of materials.

Article 5 - The agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.

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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

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.

The entrepreneur can – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service:

1. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
2. the conditions under which 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;
3. the information about guarantees and existing after-sales service;
4. the information specified in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.

In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products. 

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection 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.

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 supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must do this by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days to the place of origin. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.

If the customer has not made known his wish to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products are for the account of the consumer.

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. This is conditional on the product already having been received back by the webshop owner or conclusive proof of complete return being provided.

Article 8 – Exclusion of right of withdrawal

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, or at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

1. that have been created by the entrepreneur according to the consumer's specifications;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that spoil or age quickly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for single newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

1. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
2. the performance of which has begun with the express consent of the consumer before the cooling-off period has expired;
3. concerning bets and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, unless there are price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may 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 connection to fluctuations and the fact that any stated prices are target prices, are stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

1. these are the result of legal regulations or provisions; or
2. the consumer has the right to terminate the agreement on the day on which the price increase takes effect.

The place of delivery takes place under Article 5, first paragraph, Dutch Turnover Tax Act 1968 in the country where the transport commences. In the present case, this delivery takes place outside the EU. Consequently, import VAT or customs clearance costs will be collected from the customer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur 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 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.

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 based on the agreement.

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

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.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will observe the greatest possible care when receiving and executing product orders.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and to claim any compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.

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 – Long-term transactions: duration, termination, and extension

Termination

The consumer can terminate an agreement entered into for an indefinite period, which provides for the regular delivery of products (including electricity) or services, at any time, observing the agreed-upon termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a definite period, which provides for the regular delivery of products (including electricity) or services, at any time at the end of the definite period, observing the agreed-upon termination rules and a notice period of no more than one month.

The consumer can 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;

at least terminate in the same manner as they were entered into by them;

always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Extension

An agreement entered into for a definite period, which provides for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, an agreement entered into for a definite period, which provides for the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period, which provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can 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 agreement provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

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-upon duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs previously made known to the consumer.

Article 14 – Complaints procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

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 answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and tightened as of 2024 regarding the 'Amendment of the Sales Tax Act 1968 (Implementation Act Payment Services Providers Directive)' and thereby the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.