Terms and Conditions
Article 1 - Definitions
The following definitions apply in these terms and conditions:
Withdrawal period: the period within which the consumer may exercise the right of withdrawal;
Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the operator;
Day: a calendar day;
Continuing Contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread out over time;
Durable Medium: any medium that enables the consumer or the operator to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction;
Right of withdrawal: the consumer’s right to terminate the distance contract within the withdrawal period;
Operator: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system organized by the operator for the distance sale of products and/or services, one or more means of distance communication are used exclusively until the contract is concluded;
Means of distance communication: means that can be used to conclude a contract without the consumer and the trader being simultaneously present in the same place;
General Terms and Conditions: these general terms and conditions of the trader.
Article 2 - Applicability
These general terms and conditions apply to every offer made by the operator and to every distance contract entered into between the operator and the consumer.
Prior to the conclusion of the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated prior to the conclusion of the distance contract that the general terms and conditions are available at the operator’s place of business and will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of the general terms and conditions may be provided electronically in such a way that the consumer can store it on a durable medium. If this is not possible, it will be indicated where these terms and conditions can be consulted electronically and that they will be sent free of charge upon request.
If specific terms and conditions for additional products or services apply, the same principles apply, and in the event of conflicting terms, the consumer may rely on the provision that is most favorable to them.
If one or more provisions are invalid or void, the remaining provisions remain valid, and the provision in question will be replaced by a provision that is as equivalent as possible.
Situations not covered by these general terms and conditions must be judged “in the spirit” of these terms and conditions.
Any doubts regarding the interpretation of one or more provisions must be interpreted “in the spirit” of these terms and conditions.
Article 3 - The Offer
If an offer is valid for a limited time or is subject to conditions, this will be explicitly stated.
The offer is non-binding. The operator may modify or supplement it.
The offer contains an accurate and complete description of the products and/or services. The images are a true representation of the products/services. Obvious errors are not binding on the operator.
All images and specifications are indicative and do not constitute grounds for compensation or termination.
Each offer clearly states the consumer’s rights and obligations, such as:
– The price, excluding customs duties and import VAT (to be paid by the customer);
– Any shipping costs;
– The procedures for concluding the contract;
– The possible applicability of the right of withdrawal;
– Payment, delivery, and fulfillment methods;
– The offer’s validity period;
– The terms of distance communication;
– Possible archiving of the contract;
– The ability to review and correct data;
– Languages available for the contract;
– Applicable codes of conduct;
– Minimum contract duration for ongoing relationships.
Article 4 - The Contract
The contract is concluded when the consumer accepts the offer and meets the specified conditions.
If the consumer accepts electronically, the operator will immediately confirm receipt of the acceptance. Until such confirmation is received, the consumer may cancel the contract.
The operator ensures a secure electronic environment and protects the consumer’s data.
The operator may verify the consumer’s creditworthiness. If the operator has valid reasons not to conclude the contract, it may refuse the order or impose additional conditions.
The consumer is provided with the necessary information, such as: address for complaints, withdrawal conditions, warranties, services, contract details, and termination conditions.
Article 5 - Right of Withdrawal
The consumer may cancel a purchase contract within 14 days of receiving the product.
During the cooling-off period, the consumer must handle the product with care.
To exercise the right of withdrawal, the consumer must notify the seller within 14 days. After providing notice, the consumer has an additional 14 days to return the product.
If the consumer fails to provide notice or return the product within the specified time limits, the purchase is final.
Article 6 - Costs of Withdrawal
The consumer is responsible for the return shipping costs.
The seller will refund the amount paid within 14 days of the withdrawal, provided that the product has been received or proof of return has been provided.
Article 7 - Exclusion of the Right of Withdrawal
This is only possible if clearly stated.
The exclusion applies to products:
– made to measure or customized;
– non-returnable by nature;
– perishable;
– with a price subject to market fluctuations;
– individual newspapers and magazines;
– audio/video/software with a broken seal;
– hygiene products with a broken seal.
And to services:
– accommodation, transportation, catering, and leisure activities with a fixed date;
– initiated with explicit consent before the end of the withdrawal period;
– betting and lotteries.
Article 8 - Prices
During the validity of the offer, prices will not increase except for changes in VAT.
For products with variable prices (financial market), fluctuations will be indicated.
Price increases within 3 months are permitted only if required by law.
After 3 months, only if agreed upon and with the consumer’s right of withdrawal.
Delivery takes place outside the EU: the operator does not charge VAT; it will be collected by the courier.
Printing errors are not binding on the operator.
Article 9 - Conformity and Warranty
The operator guarantees that the product complies with the contract.
Defective products must be reported within 14 days.
The warranty is valid in accordance with the manufacturer’s warranty.
The warranty does not apply if the product has been:
– repaired or altered by the consumer;
– used improperly;
– damaged by government regulations regarding materials.
Article 10 - Delivery and Performance
The operator fulfills orders with care.
Delivery address: the one provided by the consumer.
Orders are delivered within 30 days unless otherwise agreed. In case of delay, the consumer may terminate the contract.
In case of unavailability, a replacement product will be provided without loss of the right of withdrawal.
Risk passes to the consumer upon delivery.
Article 11 - Continuing Contracts: Termination and Renewal
The consumer may terminate an open-ended contract with a maximum notice period of 1 month.
Fixed-term contracts may be terminated at the end of the term with a maximum notice period of 1 month.
Tacit renewal is subject to specific conditions.
Article 12 - Payment
Payment must be made within 7 business days.
Errors in payment details must be reported immediately.
In the event of non-payment, reasonable costs may be charged.
Article 14 - Complaint Procedure
Complaints must be submitted within 7 days of discovery.
Response within 14 days.
If unresolved, the dispute may be referred to a dispute resolution body.
Article 14 - Disputes
Dutch law applies to all disputes, even if the consumer resides abroad.
Article 15 - CESOP
Due to the 2024 regulations, payment service providers may record data in the European CESOP system.
Article 16 - Operator Identity
Company Name: FERMANE
Chamber of Commerce Number: 98004166
Trade Name: Louén Stores
VAT Number: NL005302844B29
Customer Service Email: care@fermane.com
Company Headquarters: New York City