Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

1. Reflection 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 who enters into a distance contract with the entrepreneur;

3. Day : calendar day;

4. Duration transaction : a distance contract relating to a series of products, the delivery and/or purchase obligation of which is spread over time;

5. Durable medium : any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

6. Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;

7. Model form : the model withdrawal form which the trader makes available which a consumer can fill in when he wants to exercise his right of withdrawal;

8. Entrepreneur : the legal entity that offers products remotely to consumers;

9. Distance contract : a contract concluded between the consumer within the framework of a system organised by the entrepreneur for the distance sale of products, whereby up to and including the moment the contract is concluded, exclusive use is made of one or more techniques for distance communication;

10. Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time.

11. General Terms and Conditions : these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Entrepreneur's name: LifeStone BV
Trading under the name: Viva By Tendenza
Business address: Sint Catharijnehof 8, 3231 XS Brielle
Phone number: 0181-487589
Availability: Monday to Thursday from 9:00 AM to 5:00 PM
Email address: info@vivabytendenza.nl
Chamber of Commerce number: 24277932
VAT number: NL8019.24.960B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur
and on 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, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent free of charge to the consumer as soon as possible upon request.

3. 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 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.

4. 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 to the consumer at the consumer's request electronically or otherwise.

5. In the event that specific product conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.

6. 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 provision in question will be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.

7. Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

8. Any 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

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 non-binding. The entrepreneur is entitled to change and adapt the offer.

3. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

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

5. Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

6. Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This includes, in particular:

• The price including taxes;
• Any shipping costs;
• The manner in which the agreement will be concluded and the actions 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 distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
• The manner in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if necessary, correct it;
• Any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
• The codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically;
• The minimum duration of the distance contract in the event of a long-term transaction.

Article 5 - The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate 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.

4. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

5. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.

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

• The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• 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;
• Information about guarantees and existing after-sales service;
• The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

7. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

8. Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

1. The consumer has the option to cancel the agreement without giving any reason within 14 days.

2. This reflection period commences on the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur receives the product.

3. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied 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.

4. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do so using the model form.

5. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.

6. If the consumer has not indicated that he wishes 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 revocation

1. If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.

2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in this article. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

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

• Which have been created by the entrepreneur in accordance with the consumer's specifications;
• That are clearly personal in nature;
• Which cannot be returned by their nature;
• For hygienic products where the consumer has broken the seal.

Article 9 - The price

1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the previous paragraph, the entrepreneur may offer products with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be 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:

• These are the result of statutory regulations or provisions; or
• The consumer has the authority to cancel 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 typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products 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 in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for normal use.

2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 3 (three) days of delivery. Products must be returned in their original packaging and in new condition.

4. The entrepreneur's warranty period 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:

• The consumer has repaired and/or modified the delivered products himself and/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 in conflict with 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 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.

2. The place of delivery is the address that the consumer has provided to the company.

3. Subject to the provisions of this article, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.

4. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to compensation.

5. All delivery times are indicative. Consumers cannot derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.

6. In the event of dissolution in accordance with this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

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

8. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Payment

1. Unless otherwise agreed, 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.

2. The consumer has the duty to report any inaccuracies in payment details provided or stated 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 13 – Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

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

3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

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

5. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

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

Article 14 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

2. The Vienna Sales Convention does not apply.

Article 15 - Additional or deviating provisions

1. Additional or deviating provisions 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.