TERMS & CONDITIONS
SZIVANY ©
TABLE OF CONTENTS
Article 1 – Definitions
Article 2 – Applicability
Article 3 – Purchase Agreement
Article 4 – Right of Withdrawal
Article 5 – Termination / Dissolution
Article 6 – Price
Article 7 – Payment
Article 8 – Delivery
Article 9 – Warranty
Article 10 – Complaints and Disputes
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
Entrepreneur – the natural or legal person acting in the course of their commercial, business, craft, or professional activity:
SZIVANY, By Roossien
Postal address: Voorste Kreek 7
Email: info@szivany.com
Phone: +31 6 48187810
Chamber of Commerce (KvK): 88243710
VAT number: NL004569618B56
Consumer – the buyer acting for purposes outside their trade, business, craft, or professional activity.
Parties – the Entrepreneur and the Consumer.
Offer – the products offered for sale by the Entrepreneur to the Consumer.
Purchase – the product purchased by the Consumer under the purchase agreement.
Cooling-off period – the period during which the Consumer may exercise the right of withdrawal.
Day – calendar day.
Right of withdrawal – the Consumer’s right to cancel the purchase within the cooling-off period.
Purchase agreement – the agreement whereby the Entrepreneur delivers goods and the Consumer pays the agreed purchase price.
Distance contract – a purchase agreement concluded under an organized system for distance selling, without the simultaneous physical presence of both parties, using exclusively one or more means of distance communication.
Article 2 – Applicability
2.1 These Terms and Conditions apply to all distance purchase agreements concluded between the Entrepreneur and the Consumer.
2.2 Prior to concluding the agreement, these Terms and Conditions are made available to the Consumer in such a way that they can be stored.
2.3 Any additional or deviating conditions shall also be provided in the same manner.
2.4 In case of conflicting provisions, the most favorable condition for the Consumer shall apply.
Article 3 – Purchase Agreement
3.1 A distance purchase agreement is concluded when the Consumer accepts the Entrepreneur’s offer.
3.2 The Offer is described fully and truthfully, including applicable conditions.
3.3 The Entrepreneur informs the Consumer of the rights and obligations arising from acceptance of the Offer.
3.4 The Entrepreneur clearly states any delivery restrictions and accepted payment methods before the order process begins.
3.5 Upon conclusion of the agreement, the Consumer receives clear information regarding:
a) Identity and contact details of the Entrepreneur
b) Main characteristics of the product
c) Total price including taxes and delivery costs
d) Payment, delivery, and execution terms
e) Complaint handling procedure
f) Right of withdrawal (if applicable), including return instructions and model withdrawal form
g) If no withdrawal right applies, clear notice thereof
h) Legal warranty information
i) Duration and termination conditions of the agreement (if applicable)
j) Any required financial guarantees (if applicable)
3.6 For public auctions, the above information is provided via the auctioneer’s details.
Article 4 – Right of Withdrawal
4.1 The Consumer has a 14-day cooling-off period to withdraw from the agreement without stating any reason.
4.2 The period starts on the day after the Consumer receives the product.
4.3 If multiple products are ordered, the period starts after receipt of the last item.
4.4 If delivery occurs in multiple shipments, the period starts after receipt of the final shipment.
4.5 If a third party designated by the Consumer receives the goods, the same applies.
4.6 For services involving utilities, the cooling-off period starts upon contract conclusion.
4.7 Withdrawal may be exercised via the provided form or any unambiguous statement.
4.8 If required information was not properly provided, the withdrawal period is extended up to 12 months.
4.9 The right of withdrawal does not apply in specific cases, including (but not limited to):
- financial market price fluctuations
- sealed hygiene products once unsealed
- custom-made or personalized goods
- perishable goods
- digital/media products once unsealed
- newspapers or magazines (with exceptions)
Article 5 – Termination / Dissolution
5.1 If the Consumer exercises the right of withdrawal, the agreement is legally dissolved.
5.2 Any related agreements are also automatically dissolved.
5.3 Refunds will be processed within 14 days after notification, including standard delivery costs (unless otherwise specified).
5.4 Additional costs for non-standard delivery are not refunded.
5.5 Returned products must be sent back within 14 days after withdrawal notification.
5.6 Refunds may be withheld until goods are received or proof of return is provided.
5.7 Return shipping costs are borne by the Consumer unless otherwise stated.
5.8 The Consumer is only liable for diminished value resulting from excessive use beyond what is necessary to assess the product.
5.9–5.11 Additional provisions apply to services or utilities where applicable.
Article 6 – Price
6.1 All prices are stated in euros and include VAT.
6.2 Prices will not be increased after conclusion of the agreement, unless legally required.
6.3 Statutory price changes are exempt.
6.4 Consumers will be informed at least one month in advance of any price changes.
Article 7 – Payment
7.1 The Entrepreneur may request an advance payment of up to 50%.
7.2 No rights can be derived before advance payment is received.
7.3 Remaining payment must be completed within the agreed timeframe after conclusion of the agreement.
7.4 Late payments result in default, statutory interest, and collection costs after a 14-day grace period.
7.5 Any deviations in favor of the Consumer are permitted.
Article 8 – Delivery
8.1 The Entrepreneur ensures careful delivery to the address provided by the Consumer.
8.2 Risk transfers upon delivery to the Consumer or designated third party.
8.3 The Consumer must ensure delivery can be completed.
8.4 Delivery takes place within 30 days unless otherwise agreed.
8.5 If delivery is delayed, the Consumer may cancel the agreement free of charge.
8.6 In case of cancellation, any payments will be refunded promptly.
Article 9 – Warranty
9.1 Products must conform to the agreement and reasonable expectations of use.
9.2 Any additional warranty does not affect statutory consumer rights.
9.3 Warranty does not apply in cases of normal wear, misuse, or negligence.
Article 10 – Complaints and Disputes
10.1 Dutch law applies to all agreements.
10.2 The Entrepreneur provides a complaint handling procedure accessible to consumers.
10.3 Complaints must be submitted clearly and promptly.
10.4 Responses to complaints will be provided within 14 days.
10.5 Unresolved disputes may be submitted to the competent court.
Established on: 8 August 2023