Terms and Conditions - Netherlands
Terms and Conditions
1. Agreement
This agreement consists of these general terms and conditions, the information displayed on the webstore ordering screen, and any additional written agreements. In case of conflict, individually agreed terms take precedence if legally permissible.
The agreement is supplemented by applicable Dutch civil law, especially consumer purchase and distance selling provisions.
2. Parties
The seller is:
AVA of Norway GmbH.
VAT number: DE324809408
Hereinafter referred to as "the Seller".
The buyer is a natural person acting as a consumer and placing an order via the webstore, hereinafter referred to as "the Buyer".
3. Prices
All prices include VAT and any additional charges unless stated otherwise. The Buyer will not be charged unexpected fees.
4. Conclusion of the Agreement
The contract is established when the Buyer places an order and the Seller confirms it.
If there's a clear mistake in the offer or order (e.g., a typo), and the Buyer knew or should have known, the contract is invalid.
5. Payment
The Seller may charge payment at the time of dispatch. For payments via iDEAL, credit card, or other direct methods, payment occurs during checkout.
If post-payment (e.g., Klarna) is offered, the invoice must be paid within 14 days of receipt. Buyers under 18 cannot choose post-payment.
6. Delivery
Delivery is made to the address provided by the Buyer. It is considered complete upon receipt by the Buyer or their delegate.
If no delivery time is specified, it must occur within 30 days. Delivery without a signature may be chosen at the Buyer's risk; the Seller must provide delivery evidence (e.g., photo).
7. Transfer of Risk
Risk of loss or damage passes to the Buyer upon physical receipt.
8. Right of Withdrawal
The Buyer may cancel the contract within 14 days of receiving the goods without giving a reason.
Notice must be sent in writing (email or form). The goods must be returned within 14 days after withdrawal. Return costs are borne by the Buyer unless otherwise agreed.
The Seller will refund all payments, including initial shipping, within 14 days of notice, but may wait until return is received or proven.
The Buyer may inspect the product as in a physical store. Any depreciation due to excessive use may be deducted from the refund.
Exceptions (e.g., custom-made or hygiene-sealed goods) will be clearly stated.
9. Delay in Delivery
If delivery is late, the Buyer may demand performance or cancel the agreement. A reasonable grace period must be granted unless on-time delivery was essential.
10. Defective Products
If the product is non-conforming, the Buyer must report it within a reasonable period – at the latest within 2 months of discovery.
The legal warranty is 2 years. The Buyer may claim repair, replacement, reduction, or a refund depending on the circumstances.
11. Buyer's Default
If the Buyer fails to fulfill obligations (e.g., payment), the Seller may suspend delivery or cancel the contract after formal notice.
In case of late payment, statutory interest and collection costs apply under the Dutch Debt Collection Act.
Uncollected shipments may incur a fee equal to actual shipping costs.
12. Warranty
Any commercial warranties offered do not affect the Buyer’s statutory rights.
13. Privacy & Data Protection
The Seller processes personal data in compliance with the GDPR. Data is only used to fulfill the agreement or meet legal obligations and will not be shared without necessity (e.g., logistics).
The Buyer has the right to access, correct, delete, or transfer their data.
14. Disputes
Complaints should first be submitted to the Seller. If unresolved, the Buyer can contact the Dutch Webshop Disputes Committee, or submit a complaint via the EU ODR platform: https://ec.europa.eu/consumers/odr
