Article 1 - Definitions
The following definitions apply in these terms and conditions:
Withdrawal period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period;
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 possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers goods and/or services to consumers by distance selling;
Distance contract: an agreement whereby, within a system organized by the entrepreneur for the distance sale of goods and/or services, one or more means of remote communication are used exclusively up to the conclusion of the agreement;
Means of remote communication: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.
General Terms and Conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: KEUN B.V.
Business number: 94902291
VAT identification number: NL866930681B01
Bank account number: NL74 ABNA 0137 1803 14
E-mail: info@uvives-shop.com
Address: Oosterveldsingel 5G, Hengelo, 7558PJ, Overijssel, The Netherlands (registered address, not a visit or return address)
Article 3 - Applicability
These general conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded 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, the consumer will be informed before concluding the distance contract that the general terms and conditions are available for inspection at the entrepreneur's business premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before concluding the distance contract, the text of these general terms and conditions shall be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be indicated before concluding the distance contract where the general terms and conditions can be viewed 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, paragraphs 2 and 3 shall apply accordingly, and in the case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general conditions are at any time wholly or partially invalid or void, the agreement and these conditions shall remain in force for the rest, and the relevant provision shall be promptly replaced by mutual agreement with a provision that approximates the scope of the original as closely as possible.
Situations not covered by these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall 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 non-binding. 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 allow the consumer to make an appropriate assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The operator cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This particularly concerns:
The price, excluding customs clearance costs and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services regarding imports. This regulation applies when the goods are imported into the EU destination country, which is the case here. The postal and/or courier service charges VAT (possibly together with customs clearance fees) from the recipient of the goods;
any costs for shipping;
the manner in which the contract is concluded and what actions are required for this;
whether a right of withdrawal exists or not;
the method of payment, delivery, and performance of the contract;
the deadline for acceptance of the offer or the period within which the trader guarantees the price;
the amount of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the regular basic tariff for the communication medium used;
whether the agreement will be archived after conclusion and, if so, how the consumer can access it;
the manner in which the consumer can check and, if desired, correct the information provided by him or her in the context of the contract before concluding the contract;
all other languages than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the manner in which the consumer can electronically access these codes of conduct; and
the minimum duration of the distance contract in the case of a fixed-term contract.
Optional: available sizes, colors, types of materials.
Article 5 - The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set out 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 the trader has not confirmed receipt of this acceptance, the consumer may cancel the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.
The entrepreneur may - within the legal framework - inquire whether the consumer can meet their payment obligations, as well as all facts and factors important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons based on this check not to conclude the contract, they are entitled to reject an order or application or to make the execution subject to special conditions with reasons.
The entrepreneur will provide the consumer with the following information in writing or in a way that can be stored by the consumer on a durable medium along with the goods or service:
1. the address of the business premises of the trader to which the consumer can direct complaints;
2. the conditions and the manner in which the consumer can exercise their right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
3. the information about warranties and existing customer service;
4. the information contained in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;
5. the conditions 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 continuous transaction, the provision of the previous paragraph applies only to the first delivery.
Every agreement is concluded under the condition precedent of sufficient availability of the respective products.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to cancel the contract without giving reasons within a period of 14 days. This reflection period begins the day after the consumer or a representative designated in advance and communicated to the entrepreneur receives the product.
During the reflection period, the consumer will handle the product and packaging carefully. 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 included accessories and - if possible - in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
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 this in the form of a written notice/email. After the consumer has notified that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that they have returned the delivered goods on time, e.g., by providing proof of shipment.
If the customer has not expressed their intention to exercise their right of withdrawal or has not returned the product to the entrepreneur within the periods specified in paragraphs 2 and 3, the purchase is considered final.
Article 7 - Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by them.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is conditional on the product having already been received by the entrepreneur or conclusive proof of the full return being provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly indicated this in the offer, at least in good time before the conclusion of the contract.
A withdrawal right exclusion is only possible for products:
1. that have been made to the consumer's specifications by the entrepreneur;
2. that are clearly of a personal nature
3. that cannot be returned due to their nature;
4. that perish or age quickly;
5. whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;
6. for individual newspapers and magazines
7. for audio and video recordings and computer software where the consumer has broken the seal.
8. for hygiene products where the consumer has broken the seal.
A withdrawal right exclusion is only possible for services:
1. that concern accommodation, transportation, catering services, or leisure activities to be provided on a specific day or during a specific period;
2. where delivery has begun with the express consent of the consumer before the withdrawal period has expired;
3. concern bets and lotteries.
Article 9 - The Price
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no influence, at variable prices. This connection with fluctuations and the fact that the prices mentioned are guideline prices are stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.
Price increases after 3 months from the conclusion of the contract are only permitted if the entrepreneur has prescribed them and:
1. they are based on legal regulations or provisions; or
2. the consumer has the right to terminate the contract on the day the
Price increase becomes effective.
The import VAT for the import of goods is owed by the courier service. This may charge the customer. Consequently, no VAT is charged by the entrepreneur.
All prices are subject to printing errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the goods at the incorrect price.
Article 10 - Compliance and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or usability, and the legal provisions and/or official regulations applicable at the time of contract conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than normal use.
A warranty granted by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the warranty period of the manufacturer. However, the entrepreneur is never responsible for the final 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 themselves or had them repaired and/or modified by third parties;
the delivered products were exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or those on the packaging;
The deficiency is wholly or partly the result of regulations issued or to be issued by the state regarding the type or quality of materials used.
Article 11 - Delivery and Execution
The company handles the receipt and execution of product orders with the utmost care.
The place of delivery is the address the consumer has provided to the company.
Subject to the provisions in Article 4 of these General Terms and Conditions, the company will promptly execute accepted orders, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled or only partially fulfilled, the consumer will be informed no later than 30 days after the order. In this case, the consumer has the right to terminate the contract without costs and without any claim for compensation.
In the event of termination according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to deliver a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated and entrepreneur-notified representative, unless expressly agreed otherwise.
Article 12 - Duration Contracts: Term, Termination, and Renewal
Termination
The consumer can terminate a contract of indefinite duration, which covers the regular delivery of goods (including electricity) or services, at any time by observing the agreed cancellation rules and with a notice period of up to one month.
The consumer may terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the applicable termination rules and a notice period of no more than one month.
The consumer may terminate the contracts mentioned in the preceding paragraphs at any time:
terminate at any time and not be restricted to a specific time or period;
terminate at least in the same manner as it was concluded
always terminate with the same notice period that the entrepreneur has set for themselves.
Renewal
A fixed-term contract concluded for the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a specific period.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily newspapers and weekly magazines may be tacitly extended for a fixed term of no more than three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract for the regular delivery of goods or services can only be tacitly extended indefinitely if the consumer can terminate it at any time with a notice period of no more than one month; the notice period must not exceed three months if the contract covers the regular, but less than once a month, delivery of daily newspapers, news, and weekly magazines.
A fixed-term contract for the regular delivery of trial days, newspapers, and magazines (trial or introductory subscription) will not be tacitly renewed and automatically ends at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless fairness and reasonableness prevent termination before the agreed term expires.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period mentioned in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the provided or mentioned payment details.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs communicated in advance.
Article 14 - Complaint procedure
Complaints about the execution of the contract should be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable 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 response.
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 entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
By purchasing or entering your email address, you agree to receive marketing emails.
Article 16 - CESOP
Since 2024, payment service providers are required by EU regulations to report certain cross-border payment data in the central CESOP system. The goal is to combat VAT fraud within the EU.
Nothing changes for you as a customer in the ordering process – we are simply required to inform you about this regulation.
Contact
Email: info@uvives-shop.com
Uvives is part of KEUN B.V.
Oosterveldsingel 5G, Hengelo, 7558PJ, Overijssel, The Netherlands (registered address, not a visit or return address)
Contact form: Here
Chamber of Commerce: 94902291
VAT identification number: NL866930681B01
Customer service opening hours:
Monday to Friday: 09:00 to 17:00
Saturday and Sunday: Closed
All emails will be answered within 24-48 hours.