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Algemene Voorwaarden

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the trader;

Day: calendar day;

Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that facilitates future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for distance selling of products and/or services, which, up to and including the conclusion of the contract, makes exclusive use of one or more means of distance communication;

Means of distance communication: a means that can be used for concluding a contract, without the consumer and trader being simultaneously present in the same space.

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

Article 2 – Trader’s Identity

Business name: Angelovski ECOM

Business address: Kalverdam 26 5262PK

Email address: Info@Evrygo.com

Chamber of Commerce number: 92722989

VAT identification number: NL004972725B87

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract that has been concluded and any orders between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the trader’s premises and they will be sent free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, contrary to 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 the consumer can store it on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically before the distance contract is concluded, and that they will be sent to the consumer free of charge either electronically or in another way.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly, and the consumer can always rely on the applicable provision most favorable to them in the event of conflicting conditions.

If one or more provisions in these general terms and conditions at any time are wholly or partially invalid or are nullified, the contract and these terms and conditions will otherwise remain in effect, and such provision will immediately be replaced by a provision that approaches the intent of the original as much as possible.

Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

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

The offer is non-binding. The trader is entitled to change and amend the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the trader.

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

Images of products are a truthful representation of the offered products. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
any costs of delivery;
the manner in which the contract will be concluded and what actions are necessary for this;
the applicability or non-applicability of the right of withdrawal; the method of payment, delivery, and performance of the contract;
the deadline for accepting the offer, or the period during which the trader guarantees the price;
the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate for the means used;
whether the contract 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 contract, can check and, if necessary, restore the information provided by them under the contract;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the trader is subject and the way the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a contract that extends to the continuous or periodic delivery of products or services.

Article 5 – The Contract

The contract, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and meets the specified conditions.

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 receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader can - within the law - inform himself if the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.

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

a. the visiting address of the trader’s business establishment where the consumer can lodge complaints;

b. 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;

c. information about guarantees and existing after-sales service;

d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided this data before the performance of the contract;

e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

If the trader has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

Upon delivery of products:

After the consumer has received the product, they are obliged to announce their intention to return the product within 14 days, after having received it, to the trader. This announcement should be made using the standard form for withdrawal or in another unequivocal manner. After announcing their intention to return the product, the consumer must send the product back within 14 days. The consumer must prove that the delivered items were returned on time, for instance by showing proof of shipment.

Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they bear the maximum costs of return shipping.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days following the day on which the consumer announces the withdrawal. The refund will be made using the same payment method used by the consumer unless the consumer expressly agrees to a different method. The refund is free of charge for the consumer.

If the consumer returns only part of their order, the costs of delivery will not be refunded.

The consumer must handle the product and its packaging with care during the first 14 days after delivery. They must only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

If the consumer makes use of their right of withdrawal, they will return the product with all delivered accessories, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the maximum costs of return shipping will be borne by the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the notification of the withdrawal. The refund will be made using the same method of payment that the consumer used unless the consumer expressly agrees to a different payment method. The refund is free of charge for the consumer.

Article 8 – Exclusion of Right of Withdrawal

The trader can exclude the following goods and services from the right of withdrawal, but only if the trader clearly stated this in the offer, at least in time for the conclusion of the contract:

Products or services whose price is dependent on fluctuations in the financial market on which the trader has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction is a sales method where products, digital content, and/or services are offered by the trader to the consumer who is present or is given the opportunity to be present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
Service contracts, after full performance of the service, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that they will lose their right of withdrawal once the trader has fully performed the contract;
Package travel as referred to in Article 7:500 BW and passenger transport contracts;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of execution and other than for residential purposes, goods transport, car rental services, and catering;
Contracts related to leisure activities, if a certain date or period of performance is provided for in the contract;
Products manufactured according to the consumer’s specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery by their nature;
Alcoholic beverages whose price was agreed upon at the time of the conclusion of the sales contract, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations in the market which the trader cannot influence;
Sealed audio, video recordings, and computer software, whose seal has been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that they thereby lose their right of withdrawal.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.

By way of exception to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. This linkage to fluctuations and the fact that any listed prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

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

they are the result of statutory regulations or provisions; or
the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the trader is not obliged to deliver the product according to the erroneous price.

Article 10 – Conformity and Guarantee

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.

Any defects or wrongly delivered products must be reported to the trader in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.

The warranty period of the trader corresponds to the factory warranty period. However, the trader is not 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 guarantee does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of the trader and/or on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

Article 11 – Delivery and Execution

The trader will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.

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

With due observance of what has been stated about this in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but not later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after they placed the order. In that case, the consumer has the right to terminate the contract without costs and the right to possible compensation.

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

If delivery of an ordered product proves impossible, the trader will strive to make a replacement item available. At the latest at the time of delivery, it will be reported in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are borne by the trader.

The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer or a pre-designated and announced representative to the trader, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Extension

Cancellation

The consumer can cancel an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of at most one month.

The consumer can cancel an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of the agreed cancellation rules and a notice period of at most one month.

The consumer can cancel the agreements mentioned in the previous paragraphs:

cancel at any time and not be limited to cancellation at a specific time or in a specific period;
at least cancel in the same way as they were entered into;
always cancel with the same notice period as the trader has stipulated for himself.

Extension

An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a specific duration.

Notwithstanding the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of newspapers, news magazines, and magazines may be automatically extended for a specific duration of a maximum of three months, if the consumer can cancel this extended agreement by the end of the extension with a notice period of at most one month.

An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less frequent, delivery of daily, news and weekly newspapers and magazines.

An agreement with limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not silently continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of at most one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment

Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period begins on the day after the consumer has received confirmation of the agreement.

When selling products to consumers, general terms and conditions may never oblige the consumer to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the respective order or service(s), before the stipulated advance payment has been made.

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

In case of default by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs previously announced to the consumer.

Article 14 – Complaints Procedure

The trader has a well-publicized complaints procedure and deals with the complaint according to this complaints procedure.

Complaints about the execution of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.

Replies to complaints submitted to the trader will be provided within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.

Article 15 – Additional or Different Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing in such a manner that they can be stored by the consumer in an accessible way on a durable medium.