General Terms and Conditions
ARTICLE 1 - DEFINITIONS
The following definitions apply in these General Conditions:
Withdrawal period: the period within which the consumer can exercise the right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or commercial activity and enters into a distance contract with the entrepreneur;
Duration transaction: a distance contract relating to a series of products and/or services, the obligation of delivery and/or purchase of which is distributed over time.
Durable support: any medium that allows the consumer or entrepreneur to store information addressed to them personally in such a way as to allow for future consultation and unaltered 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 products and/or services to consumers at a distance.
Distance contract: an agreement under which, within a system organized by the entrepreneur for the distance selling of products and/or services, until the conclusion of the contract, exclusive use is made of one or more distance communication techniques.
Distance communication technique: a means that can be used to conclude an agreement, without the consumer and the entrepreneur being in the same room at the same time.
General conditions: these are the general conditions of the entrepreneur.
ARTICLE 2 - COMPANY IDENTITY
Store Name: Stile Viva
Company Name: Living the Life B.V.
Company number: 94446237
VAT Number: NL866780324B01
AddressJacob Leendert van Rijweg 50, 2713 JA Zoetermeer, Netherlands
Company Registration: KVK - Rotterdam
Email address: info@stileviva.com
Phone number: +31 6 10 09 19 81
ARTICLE 3 - APPLICATION
These general terms and conditions apply to every offer made by the professional and to every contract and distance order concluded between the professional and the consumer.
Before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated that the terms and conditions are available for consultation at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If, contrary to the previous paragraph, the distance contract is concluded electronically, before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data medium. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated where the general conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that, in addition to these general conditions, specific product or service conditions apply, the second and third paragraphs will consequently apply and, in case of conflict between the general conditions, the consumer may always rely on the provision that is most favorable to them.
If at any time one or more provisions of these general conditions are wholly or partially null or may be annulled, the contract and these general conditions shall remain in effect for the remainder, and the provision in question shall be promptly replaced by a provision that closely approximates the purpose of the original provision.
"Situations not governed by these General Conditions must be assessed 'in the spirit' of these General Conditions."
Any ambiguity regarding the interpretation or content of one or more provisions of our General Conditions must be interpreted "in the spirit" of these General Conditions.
ARTICLE 4 - L'HE OFFER
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
L offer is non-binding. L entrepreneur has the right to modify or adjust the offer.
Lthe offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow for a reasonable assessment of the offer by the consumer.
"evaluation of the offer by the consumer. If the entrepreneur uses images, they accurately represent the products and/or services offered. Obvious or blatant errors in the offer do not bind the entrepreneur."
All images, specifications, and offer data are indicative and cannot be grounds for compensation or contract termination.
The images of the products are a faithful representation of the products offered. L entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains information that makes clear to the consumer what the rights and obligations are related to the acceptance of the offer. This particularly concerns:
The price, excluding customs clearance costs and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will use the special regulation for postal and courier services regarding imports. This regime applies when the goods are imported into the destination country within the Union, which is the case in question. The postal and/or courier service collects VAT (together with or without the billed customs clearance fees) from the recipient of the goods; any delivery charges; the methods of concluding the contract and the necessary measures for this purpose; the applicability or not of the right of withdrawal; the payment methods, delivery, and execution of the contract; the deadline for accepting the offer or the deadline within which the professional guarantees the price; the level of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the normal basic rate for the means of communication used; whether the contract is archived after its conclusion and, if so, how it is accessible to the consumer; how the consumer can check and, if necessary, correct the data provided by him in the context of the contract before its conclusion; any other languages, besides Dutch, in which the contract can be concluded; the codes of conduct presented by the professional and how the consumer can electronically consult such codes of conduct; and the minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colors, type of materials.
ARTICLE 5 - THE CONTRACT
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set forth therein.
If the consumer has accepted the offer electronically, the professional will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of such acceptance has not been confirmed by the professional, the consumer may withdraw from the contract.
If the contract is concluded electronically, the professional must adopt appropriate technical and organizational measures to protect the electronic transfer of data and must ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within the scope of legal provisions - inquire whether the consumer is able to fulfill their payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the merchant has good reasons not to conclude the agreement, they have the right to refuse an order or to impose special conditions for execution, stating the reasons.
The professional must provide the following information to the consumer along with the product or service, in writing or in a way that can be stored by the consumer in an accessible manner on a durable data medium:
- the address of the professional's office to which the consumer can submit complaints;
- the conditions and the methods by which the Consumer can exercise the right of withdrawal or, where applicable, clear information on the exemption from the right of withdrawal;
- the information on existing warranties and after-sales services;
- the information referred to in Article 4, paragraph 3, of these general conditions, unless the professional has already provided the consumer with such information before the execution of the contract;
- the conditions for termination of the contract if the contract has a duration of more than one year or is for an indefinite period.
In the case of a long-term transaction, the provision of the previous paragraph applies only to the first delivery.
Each contract is concluded subject to a suspensive condition of sufficient availability of the products concerned.
ARTICLE 6 - RIGHT OF WITHDRAWAL
At the time of purchasing products, the consumer has the option to withdraw from the contract without providing reasons for a period of 14 days. This reflection period begins the day after the consumer or a representative previously designated by the consumer and communicated to the entrepreneur receives the product.
During the reflection period, the consumer will handle the product and its packaging with care. They will unpack or use the product only to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they will return the product to the entrepreneur with all the accessories provided and - if reasonably possible - in the original conditions and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must communicate it to the entrepreneur within 14 days of receiving the goods. The consumer must communicate this via a written message or an email. After notifying that they wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must demonstrate that the delivered product has been returned on time, for example by providing proof of shipment.
If after the expiration of the periods referred to in paragraphs 2 and 3 the consumer has not informed the professional of their intention to exercise the right of withdrawal or has not returned the product to the professional, the sale is considered concluded.
ARTICLE 7 - COSTS IN CASE OF RIGHT OF WITHDRAWAL
If the consumer exercises the right of withdrawal, the return shipping costs of the products are at their own expense.
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days from the withdrawal. The condition is that the product has already been received by the entrepreneur or that conclusive proof of the complete return can be presented.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. Lhe exclusion of the right of withdrawal applies only if the
"the trader has clearly indicated it in the offer, at least in good time before the conclusion of the contract."
Lthe exclusion of the right of withdrawal is possible only for products
- that have been created by the merchant according to the specifications of the consumer; or
- which are clearly of a personal nature
- that cannot be returned due to their nature
- that deteriorate or age quickly
- whose price is subject to fluctuations in the financial market that are beyond the control of the Entrepreneur;
- for individual newspapers and magazines;
- for audio and video recordings and software for which the consumer has broken the seal.
- for hygiene products for which the consumer has broken the seal.
the exclusion of the right of withdrawal is possible only for the services:
- accommodation, transport, catering or leisure services to be provided at a specific time or during a specific period;
- whose delivery began with the express consent of the consumer before the expiration of the withdrawal period;
- related to betting and lotteries.
ARTICLE 9 - THE PRICE
'During the validity period indicated in the offer, the prices of the products and/or services offered will not increase, 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 and over which the Entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that the indicated prices are indicative prices will be mentioned in the offer."
Price increases within 3 months from the conclusion of the contract are allowed only if they are the result of regulations or legal provisions.
Price increases starting 3 months after the signing of the contract are allowed only if the entrepreneur has established it:
- they are based on norms or legal provisions; or
- the consumer is entitled to withdraw from the contract on the day the price increase takes effect.
"According to Article 5, paragraph 1, of the 1968 Value Added Tax Act, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU. The postal or courier service therefore collects VAT on the import or customs clearance charges from the customer. Therefore, the entrepreneur does not charge VAT."
All prices are subject to printing and typing errors. No responsibility is assumed for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
ARTICLE 10 - COMPLIANCE AND WARRANTY
The merchant guarantees that the products and/or services meet the contract, the specifications indicated in the offer, the reasonable requirements of reliability and/or ease of use, and the legal provisions and/or existing government regulations at the time of the conclusion of the contract. If agreed, the merchant also guarantees that the product is suitable for a use other than the normal one.
The warranty provided by the seller, the manufacturer, or the importer does not prejudice the rights and legal claims that the consumer may assert against the seller under the contract.
Any defective products or those delivered incorrectly must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for providing advice on the use or application of the products.
The warranty does not apply if
The consumer has personally repaired and/or modified the delivered products or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
L inadequacy is entirely or partially the result of norms imposed or to be imposed by the government regarding the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND EXECUTION
The entrepreneur commits to paying the utmost attention in receiving and executing product orders.
The delivery location is the address that the consumer has provided to the company.
"Without prejudice to what is established in Article 4 of these general terms and conditions, the entrepreneur will execute the accepted orders promptly, but no later than 30 days, unless the consumer has agreed to a longer delivery period."
If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after the order. In this case, the consumer must contact customer service.
In the event of termination of the contract pursuant to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days from the termination.
If the delivery of an ordered product proves impossible, the entrepreneur will commit to providing a substitute item. No later than at the time of delivery, it will be clearly and understandably indicated that a substitute item is being delivered. With substitute items, the right of withdrawal cannot be excluded. The costs of any return shipping are the responsibility of the entrepreneur.
The risk of damage and/or loss of the products is borne by the entrepreneur until the moment of delivery to the consumer or to a representative made known to the entrepreneur in advance, unless explicitly agreed otherwise.
ARTICLE 12 - FORWARD TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
Withdrawal
The consumer may withdraw at any time from a contract concluded for an indefinite period that extends to the regular delivery of products (including electricity) or services, in accordance with the applicable termination rules and with a notice period not exceeding one month.
The consumer may withdraw from a fixed-term contract, which extends to the regular supply of products (including electricity) or services, at any time towards the end of the established period, in accordance with the agreed termination rules and with a notice period not exceeding one month.
For the contracts mentioned in the previous paragraphs, the consumer may withdraw at any time and is not limited to withdrawing at a specific time or within a specific period; withdraw at least in the same manner in which it was withdrawn; always withdraw with the same notice period that the entrepreneur has established for themselves.
Extension
A fixed-term contract entered into for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of newspapers, news bulletins, and weeklies may be tacitly renewed for a fixed period not exceeding three months, provided that the consumer can withdraw from the renewed contract towards the end of the extension period with a notice period not exceeding one month.
A fixed-term contract concluded for the regular delivery of products or services may be tacitly extended to an indefinite term only if the consumer can withdraw at any time with a notice period not exceeding one month and a notice period not exceeding three months in the event that the contract extends to what was agreed, but less than once a month, with newspapers, newsletters, and weeklies.
A fixed-term contract for the regular delivery of daily or weekly newspapers (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period.
term
If a contract has a duration of more than one year, the consumer may withdraw from the contract after one year at any time with a maximum notice of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts due from the consumer must be paid within 7 working days from the start of the reflection period referred to in Article 6(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 has the duty to immediately report to the entrepreneur any inaccuracies in the payment data provided or mentioned.
In case of non-payment by the consumer, the entrepreneur has the right, in compliance with legal restrictions, to charge reasonable costs communicated in advance to the consumer.
ARTICLE 14 - COMPLAINT PROCEDURE
"Claims related to the implementation of the contract must be submitted to the entrepreneur within a reasonable time frame, in a complete and clearly described manner, after the consumer has identified the defects."
"Complaints submitted to the entrepreneur will be responded to within a period of 14 days from the date of receipt. If a complaint requires a processing time that is expected to be longer, the operator 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."
Once the customer has filed a PayPal dispute, any previously offered refunds, discounts, or other remedies will automatically expire. By initiating the dispute process, the customer waives the right to accept or negotiate refunds or discount offers made prior to the dispute. All further actions are determined by the outcome of the PayPal dispute process.
A complaint does not suspend the operator's obligations, unless the operator indicates otherwise in writing.
If the complaint is deemed justified by the entrepreneur, he will, at his discretion, replace or repair the delivered products free of charge.
ARTICLE 15 - LEGAL DISPUTES
'For the agreements between the entrepreneur and the consumer to which these general conditions refer, only the law of Hong Kong applies. Even if the consumer resides abroad.'
ARTICLE 16 - EXHAUSTION OF STOCKS
If a product is out of stock at the time of purchase, we will contact you to inform you of the situation. You can then choose to wait for the product to come back in stock or receive a voucher worth the purchase price.
The voucher can be used for a future purchase with us and has no expiration date. The voucher can be used for all the products we offer.
ARTICLE 17 - REFILL TAX
Stile Viva applies a repopulation fee in the following cases:
Returned items: If the order has been returned to the return address we provided;
Incorrect/incomplete address: If the provided address is incorrect or incomplete and the package is returned to us. (You can provide us with the correct address for delivery so that we can arrange a new delivery.)
Refusal of acceptance: If the recipient refuses to accept the package, the package will be returned to us.
Not picked up from the local post office: if the package has not been picked up and is returned to us.
Restocking fees: 25% of the item's price will be deducted from the refund to cover the costs of processing the return, restocking, and shipping.
Refund Procedure: Once the returned item has been received and inspected, the refund will be processed minus the restocking fee. The refund will be transferred to the original payment method.
Exceptions: If the return is due to an error on our part, no restocking fee will be charged.
For any questions or assistance needs, please contact our customer service at the address info@stileviva.com.
ARTICLE 18 - ARTICLES FOR HYGIENE
A list of non-returnable and non-refundable hygiene items (the list is not exhaustive): Underwear, bikinis, makeup, hair products, wigs, lingerie, beauty products, etc. For the safety of our customers, we take hygiene and public safety seriously and refuse the return of beauty and health products.
ARTICLE 19 - ORDER OF DIFFERENT ITEMS: COLOR/SIZE
At Stile Viva, we understand that it may be necessary to order multiple sizes or colors to find the perfect fit. However, we do not accept returns for orders with multiple sizes or colors of the same item. Before completing your purchase, please ensure that you have made the right choice. For any questions or clarifications regarding sizes/colors before placing your order, please contact our customer service at info@stileviva.com.
ARTICLE 20 - SMS MARKETING
By accepting Stile Viva's SMS marketing at checkout and when starting a purchase or by signing up through our registration tools, the user agrees to receive recurring SMS messages (for the order, including reminders for abandoned purchases), SMS marketing offers, and transactional texts, including requests for reviews from us, even if their mobile number is registered on a state or federal "do not call" list. Message frequency varies. Consent is not a condition of purchase.
If you no longer wish to receive marketing messages and notifications via SMS, reply STOP to any mobile message we send you or use the unsubscribe link we provide in each of our messages. L user understands and agrees that alternative methods to unsubscribe, such as using other words or requests, are not considered an appropriate method to unsubscribe. The Service is free of charge, but the user is responsible for all fees and charges that their mobile service provider may apply to text messages. Message and data rates may apply.
For any questions, send an SMS to HELP at the number from which the messages were received. For more information, you can contact us at (https://www.stileviva.com/pages/contact).
"We reserve the right to change at any time the phone numbers or short codes used to provide the service. In such cases, the user will be informed. Lhe user agrees that messages sent to a phone number or a short code that we have changed, including requests for STOP or HELP, may not be received and that we are not responsible for the fulfillment of requests made in such messages."
To the extent permitted by law, the user agrees that we shall not be liable for any omissions, delays, or incorrect deliveries of information transmitted through the Service, for any errors in such information and/or for any actions taken or not taken by the user based on the information or the Service.
Your right to privacy is important to us. You can read about how we collect and use your personal data in our Privacy Policy(https://www.stileviva.com.nl/pages/informativa-sulla-privacy).