Terms and Conditions

TERMS AND CONDITIONS

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 – Complaints procedure

Article 16 - Warranty

Article 17 - Disputes

Article 18 - Returns

Article 19 - PRE-ORDER

Article 20 - Gift vouchers

PRIVACY

 

Article 1 – Definitions

In these conditions the following definitions apply:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party party on the basis of an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuation agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
  7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use during a period of time. period that is tailored to the purpose for which the information is intended and that allows unchanged reproduction of the stored information;
  8. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers (access to) digital content and/or services remotely to consumers;
  10. Distance agreement: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, up to and including the conclusion of the agreement makes exclusive or partial use of one or more techniques for distance communication;
  11. Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions; Appendix I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
  12. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 - Identity of the entrepreneur

Trading under the name(s):
When Velair
www.le-velair.nl

E-mail address: customerservice@le-velair.nl

Chamber of Commerce number: 81155204

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, notwithstanding 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 it can be read by the consumer. can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. .

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 – The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can, within legal frameworks, inform himself whether 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 entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  • the visiting address of the entrepreneur's branch where the consumer can go with complaints;
  • 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;
  • the information about warranties and existing after-sales service;
  • the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  • if the consumer has a right of withdrawal, the model withdrawal form.
  • In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal

For products:

  1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer the reason for withdrawal, but may not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
  • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
  • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
  • in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content that is not supplied on a tangible medium:

  1. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium within 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
  2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content that are not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
  2. The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he must report this within the cooling-off period by sending an email to klantenservice@le-velair.nl.  After notification, the consumer will receive a returns form.
  2. The consumer shall return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
  6.  

Article 9 - Obligations of the entrepreneur in the event of withdrawal

  1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receiving this notification.
  2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
  3. The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
  2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  3. Service agreements, after full performance of the service, but only if:
  • the performance has started with the express prior consent of the consumer; and
  • the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
  • package trips as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts; 
  • service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
  • agreements relating to leisure activities, if the agreement provides for a specific date or period of execution;
  • products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of 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 for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  • products that, by their nature, are irreversibly mixed with other products after delivery;
  • alcoholic drinks the price of which was agreed upon when concluding the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
  • Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
  • Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
  • The supply of digital content other than on a tangible medium, but only if:
  • the performance has started with the express prior consent of the consumer; and
  • the consumer has stated that he thereby loses his right of withdrawal.

Article 11 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  • these are the result of legal regulations or provisions; or
  • the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
  • the prices stated in the offer of products or services include VAT.

Article 12 - Compliance with agreement and additional warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. An additional guarantee means any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .

Article 13 - Delivery and execution

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
  3. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Lè Velair offers a fast shipping service! All orders placed on working days will be shipped on the same day before 3:00 PM. Orders placed on weekends and/or public holidays will be shipped the next business day. We aim for an average delivery time of 1-3 working days. Please note that public holidays may affect delivery time. Lè Velair is not responsible for the delivery times of postal companies. 

Article 14 - Payment

  1. Unless otherwise stated in the agreement or additional conditions, 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 concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
  3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

Article 15 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  4. A complaint about a product, service or the service of the entrepreneur can also be submitted via customerservice@le-velair.nl.
  5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 16 – Warranty 

  1. The Lè Velair collection warranty is valid for 3 months if your product is damaged through no fault of your own. In the event that Lè Velair agrees to your request, you may exchange your product for another product of equal or lesser value. The item will first have to be sent so that the Lè Velair team can assess the request. The consumer must first report the defect by email. After consultation with the seller, a returns form will be sent to the consumer. You are responsible for the shipping costs. The Lè Velair warranty does not cover: defects and damage due to loss, discoloration, theft, fire damage or water damage. Problems or damage due to abuse, neglect (falling, crushing, bending, denting), accidents or unjustified modifications. Aesthetic changes, defects and damage due to normal wear and age (e.g. scratches, etc.)
  2. The seller must ensure that the products sold and delivered to the buyer reasonably comply with the standards required for the use of those products.
  3. If the manufacturer has established warranty provisions for purchased and/or delivered products, the Seller will notify the Buyer of this upon delivery, after which these conditions will form part of the sales and delivery agreement between the Buyer and the Seller.
  4. Without prejudice to the provisions of this article, no warranty can be granted if wear and tear of the products can be considered normal and in addition in the following cases: - if changes have been made to the products, including repairs that have not been made with the permission of the seller or manufacturer; - if defects in the products are the result of use that does not correspond to the intended use or improper use; - discoloration of the product or parts thereof; - if damage to the products is caused by intent, gross negligence or negligence on the part of the buyer.
  5. Subject to the provisions of this article, the seller provides a 3-month warranty on the products. 

The warranties in this article apply only if the Buyer has fulfilled all its obligations to the Seller.

Article 17 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
  2. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound to this choice. The consumer preferably reports this to the entrepreneur first.
  3. If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must indicate in writing within five weeks of a written request made by the entrepreneur whether he wishes this or whether he wants the dispute to be dealt with by the competent court. If the entrepreneur does not learn of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court. 
  4. The Disputes Committee will not handle a dispute or will stop handling it if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated his business activities before a dispute has been handled by the committee at the hearing and a final decision has been made. has been pointed out.

Article 18 - Returns

Return requests must first be communicated by email to Le Velair. This can be done via customerservice@le-velair.nl. Lè Velair will then make a return form available.

Please include the following in the email:

- Order number;

- Item(s) that you would like to return;

- The reason for return.

We will not accept items that have been used, items damaged by improper use or items returned after the 14 day cooling off period. Sale items may not be returned. Products ordered online may be returned for a refund or exchange if the product and packaging are returned unused and in its original condition. 

  • Earrings, ear cuffs, piercings and adjustable rings cannot be returned. *The exception applies to adjustable rings that the cancellation (by email) will be honored within 24 hours after delivery. 

Unfortunately we do not offer free returns. You are responsible for your return shipping costs plus return shipping method. If you choose to return by envelope, the responsibility lies with the sender. We therefore always recommend sending it as a letterbox package with track & trace. 

The shipping costs paid when purchasing the goods will not be reimbursed in the event of a full/partial return. If there is a partial return where the threshold amount for free shipping is no longer reached, the shipping costs will be charged. The shipping costs will be deducted from the return.  

Products that have been personalised, customized, altered or otherwise made to fit your specific order cannot be returned. Earrings, piercings and ear cuffs cannot be returned for hygiene reasons. If these products are sent with the returns, Lè Velair will not participate in this. These jewelry are also no longer returned to the customer. 

Article 19 - PRE-ORDER

Products with a pre-order status are products that you can already order from us, but for which a longer delivery time applies. We offer you this option so that you can be sure that you will receive the product immediately as soon as the product is available again. For each pre-ordered product, the product page states when the product will be available. This is the day the pre-order will be shipped. 

If you have placed an order that also contains a pre-order product, your order will only be shipped on the day that the pre-order is also shipped.

Article 20 - Gift vouchers

The Lè Velair gift voucher is available at www.le-velair.nl. In addition to our general terms and conditions, the terms and conditions below apply to any use of the Lè Velair gift voucher. The gift voucher is available in different values, from €10 to €150. You will receive the gift voucher digitally by email. The gift voucher will contain a special code that can be redeemed on our website.

  1. These conditions apply to all digital gift vouchers issued by Lè Velair
  2. The Lè Velair gift voucher is valid for 3 years from the date on which the purchase confirmation was sent by e-mail and can be exchanged at any time for products from the Lè Velair range.
  3. The Lè Velair gift voucher cannot be exchanged for cash and cannot be returned. When returning your order that was paid for with a gift voucher, the purchase amount will be refunded to the gift voucher. Do not delete your gift voucher!
  4. The Lè Velair gift voucher can only be redeemed at www.le-velair.nl.
  5. The Lè Velair gift voucher is always provided to the buyer and cannot be sent as a gift to another (email) address. The buyer can forward the Lè Velair gift voucher as a gift to a third party. It is not permitted to use the Lè Velair gift voucher in any way for commercial purposes - such as resale for any direct or indirect profit - or for purposes other than for which the Lè Velair gift voucher was issued.
  6. The Lè Velair gift voucher is only issued once. It is not possible to transfer the (residual) value of the Lè Velair gift voucher to another Lè Velair gift voucher. Lè Velair is not responsible for incorrectly entered email addresses. 
  7. Lè Velair reserves the right to refuse payment with the Lè Velair gift voucher if payment is not possible due to a technical malfunction.
  8. If, after receiving the Lè Velair gift voucher, a third party gains unauthorized (digital or physical) access to the Lè Velair gift voucher, this is at the buyer's risk. Lè Velair is in no way liable for theft, loss, forgery or misuse of the Lè Velair gift voucher. Lè Velair will under no circumstances pay out or settle the remaining credit.
  9. Lè Velair discount codes cannot be used when purchasing gift vouchers. It is possible to combine a discount code with a gift voucher.

Do you want to buy a gift voucher with a higher value? Or looking for a gift for employees or relations? Please feel free to contact us via klantenservice@le-velair.nl.

PRIVACY POLICY

Lè Velair respects the privacy of all users of the website and ensures that the personal information you provide is treated confidentially. We use your data to process orders and to notify you. Lè Velair will not sell your personal information to third parties and will only make it available to third parties involved in completing your order. Lè Velair uses the collected data to provide the following services to its customers:

  1. If you have placed an order, we need (at least) your name, email address, delivery address and payment details to process the delivery and inform you.
  2. To make shopping on www.le-velair.nl as pleasant as possible, we store your personal information, order details and use of our services with your permission.
  3. With your permission, we use your data to keep you informed of developments on the website. If you no longer wish to be informed, you can unsubscribe via the link at the bottom of each mailing.
  4. When you create an account with Lè Velair, your data is stored on a secure server. We store information in your Lè Velair account, such as your name, address, city, telephone number, email address, delivery and payment details, so that you do not have to re-enter it each time you visit.
  5. Data about the use of our website and the feedback we receive from our visitors are used to further develop and improve www.le-velair.nl.

Lè Velair will not sell your personal information to third parties and will only make it available to third parties involved in completing your order.

Lè Velair and the third parties engaged by us are obliged to respect the confidentiality of your data.