Vilkår for bruk

Terms and Conditions

Article 1 – Definitions

The following definitions apply to these Terms and Conditions:

Withdrawal Period: The period within which the Consumer may exercise the right of withdrawal.

Consumer: The natural person who is not acting in the course of a professional or commercial activity and who enters into a Distance Contract with the Entrepreneur.

Day: A calendar day.

Continuing Transaction: A Distance Contract relating to a series of products and/or services, where the delivery and/or purchase obligations are spread over time.

Durable Medium: Any means that enables the Consumer or the Entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.

Right of Withdrawal: The Consumer’s right to withdraw from the Distance Contract within the Withdrawal Period.

Entrepreneur: The natural or legal person who offers products and/or services to Consumers at a distance.

Distance Contract: A contract concluded as part of an organised distance-selling system for products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract.

Means of Distance Communication: Any means that may be used to conclude a contract without the simultaneous physical presence of the Consumer and the Entrepreneur.

General Terms and Conditions: These Terms and Conditions of the Entrepreneur.


Article 2 – Identity of the Entrepreneur

Legal Company Name: RHmedia
Trading Name: FIORIVITAE
Address: Irenestraat 24, 8064 BN Zwartsluis, The Netherlands
Email: info@fiorivitae.com
Website: https://www.fiorivitae.com


Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the Entrepreneur and to every Distance Contract and order concluded between the Entrepreneur and the Consumer.

Before the Distance Contract is concluded, the text of these Terms and Conditions must be made available to the Consumer. If this is not reasonably possible, the Entrepreneur will indicate that the Terms and Conditions are available for inspection at its premises and will be provided free of charge at the Consumer’s request.

If the Contract is concluded electronically, the Terms and Conditions may be made available electronically in such a way that the Consumer can save them on a Durable Medium.

If specific product or service conditions also apply, the same provisions shall apply and, in the event of a conflict, the Consumer may always rely on the provision that is most favourable to them.

If one or more provisions are found to be null and void or are annulled, the remaining provisions shall remain valid.

Situations not expressly covered by these Terms and Conditions shall be assessed in accordance with the purpose and spirit of these Terms and Conditions.

Any ambiguity regarding the interpretation or content of one or more provisions shall be interpreted in accordance with the purpose and spirit of these Terms and Conditions.


Article 4 – The Offer

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

All offers are non-binding unless expressly stated otherwise. The Entrepreneur reserves the right to amend or withdraw an offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer.

If the Entrepreneur uses images, these are intended to provide a representative indication of the products and/or services offered.

Obvious mistakes, typographical errors, or obvious errors in the offer do not bind the Entrepreneur.

Images, specifications, measurements, colours, and other product information are indicative and may differ slightly from the actual product. Such minor differences do not automatically entitle the Consumer to compensation or cancellation.

Each offer shall contain, where applicable, clear information regarding:

  • The price of the product and/or service;

  • Any applicable customs duties, import VAT, or other import charges payable by the customer;

  • Any shipping or delivery costs;

  • The manner in which the contract is concluded;

  • Whether the Right of Withdrawal applies;

  • The method of payment, delivery, and performance;

  • The period during which the offer remains valid;

  • Any additional communication costs;

  • Whether the concluded contract will be archived and, if so, how the Consumer may access it;

  • The manner in which the Consumer may review and correct information before concluding the contract;

  • The languages in which the contract may be concluded;

  • Any applicable codes of conduct;

  • The minimum duration of the Consumer’s obligations in the case of a Continuing Transaction.


Article 5 – The Contract

The Contract is concluded when the Consumer accepts the offer and fulfils the conditions stated therein.

If the Consumer accepts the offer electronically, the Entrepreneur shall confirm receipt of the acceptance electronically without undue delay.

As long as receipt of the acceptance has not been confirmed, the Consumer may, where permitted by applicable law, cancel the Contract.

The Entrepreneur shall take appropriate technical and organisational measures to protect electronic data transfers and shall provide a reasonably secure online environment.

If the Consumer is able to pay electronically, the Entrepreneur shall take appropriate security measures in this regard.

The Entrepreneur may, within the limits permitted by law, investigate whether the Consumer is able to meet their payment obligations and may take into account other facts and circumstances relevant to the responsible conclusion of the Distance Contract.

If the Entrepreneur has reasonable grounds not to enter into the Contract, it may refuse an order or request or attach special conditions to its execution.

The Consumer shall receive, no later than upon delivery of the product or commencement of the service, the following information where applicable:

  • Contact details where the Consumer may submit complaints;

  • The conditions and manner in which the Right of Withdrawal may be exercised;

  • Information regarding warranties and after-sales service;

  • The information included in the offer, unless already provided;

  • The conditions for terminating the Contract where applicable.

All orders and Contracts are subject to product availability.


Article 6 – Right of Withdrawal

The Consumer has the right to withdraw from the Distance Contract within 14 days without providing a reason, unless an exception to the Right of Withdrawal applies under these Terms and Conditions or applicable law.

The Withdrawal Period begins on the day after the Consumer, or a third party designated by the Consumer other than the carrier, receives the product.

During the Withdrawal Period, the Consumer shall handle the product and packaging with due care.

The Consumer may inspect or use the product only to the extent reasonably necessary to determine the nature, characteristics, and functioning of the product.

To exercise the Right of Withdrawal, the Consumer must notify the Entrepreneur within the Withdrawal Period by email or another clear written statement.

Following notification of withdrawal, the Consumer must return the product within 14 days.

The Consumer is responsible for demonstrating that the withdrawal was exercised within the applicable period.

If the Consumer does not exercise the Right of Withdrawal within the applicable period, the purchase becomes final, subject to any mandatory rights available under applicable law.


Article 7 – Costs in the Event of Withdrawal

The direct costs of returning the product shall be borne by the Consumer unless otherwise agreed or required by law.

If the Consumer exercises the Right of Withdrawal, the Entrepreneur shall refund the payments received from the Consumer in accordance with applicable law.

The Entrepreneur may withhold the refund until the returned product has been received or until the Consumer provides sufficient proof that the product has been returned, whichever occurs first.

Refunds shall generally be made using the same payment method used by the Consumer for the original transaction, unless otherwise agreed.

The Consumer may be liable for any diminished value of the product resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the product.


Article 8 – Exclusion of the Right of Withdrawal

The Right of Withdrawal may be excluded, where permitted by applicable law, for products including:

  • Products manufactured according to the Consumer’s specifications;

  • Personalised products;

  • Products that are clearly personal in nature;

  • Products that cannot reasonably be returned due to their nature;

  • Products that deteriorate or expire rapidly;

  • Products whose price depends on fluctuations in the financial market beyond the Entrepreneur’s control;

  • Newspapers, periodicals, or magazines, except subscription agreements;

  • Sealed audio, video, or software products where the seal has been broken after delivery;

  • Sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

The Right of Withdrawal may also be excluded for certain services, including:

  • Services relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

  • Services that have been fully performed with the Consumer’s prior express consent where the Consumer has acknowledged the loss of the Right of Withdrawal;

  • Betting and lottery services.


Article 9 – Price

Unless otherwise stated, the prices shown on the Website are the prices applicable to the products and/or services offered.

Customs duties, import duties, import VAT, brokerage fees, or other charges imposed by authorities or carriers may not be included in the displayed purchase price unless expressly stated otherwise.

Where such charges apply, they may be payable by the Consumer.

Prices shall not be increased during the validity period stated in the offer, except where changes result from tax rates, government measures, or other circumstances permitted by law.

The Entrepreneur is not bound by prices that are the result of obvious typographical, technical, or publication errors.


Article 10 – Conformity and Warranty

The Entrepreneur shall ensure that the products and/or services comply with the Contract, the specifications stated in the offer, reasonable requirements of soundness and usability, and applicable legal requirements in force on the date the Contract was concluded.

The Consumer must report any defect or non-conformity to the Entrepreneur within a reasonable period after discovery.

Where applicable, any additional commercial warranty provided by the Entrepreneur, manufacturer, or importer shall not limit the Consumer’s mandatory statutory rights.

Any manufacturer’s warranty shall apply in accordance with the terms and conditions of the manufacturer.

A warranty claim may be rejected where:

  • The product has been altered or modified by the Consumer or a third party;

  • The product has been used contrary to instructions or for purposes for which it was not intended;

  • The damage results from misuse, neglect, accident, or improper handling;

  • The alleged defect results from legal or regulatory requirements affecting the product.

Nothing in this Article excludes or limits mandatory statutory rights that cannot legally be excluded.


Article 11 – Delivery and Performance

The Entrepreneur shall exercise due care when processing and executing orders.

The place of delivery shall be the address provided by the Consumer during the ordering process.

Unless another delivery period has been agreed, the Entrepreneur shall execute accepted orders without undue delay and, in any event, within the period required by applicable law.

If delivery is delayed or an order cannot be fulfilled or can only be partially fulfilled, the Consumer shall be informed as soon as reasonably possible.

Where permitted by applicable law, the Consumer may cancel the Contract in the event of an excessive or legally relevant delay.

If the Contract is cancelled due to non-delivery, amounts already paid shall be refunded in accordance with applicable law.

The risk of loss or damage to the product passes to the Consumer when the Consumer, or a third party designated by the Consumer other than the carrier, takes physical possession of the product, unless otherwise provided by law.

The Consumer is responsible for providing a complete and accurate delivery address. Additional costs caused by incorrect or incomplete address information may be charged to the Consumer where permitted by law.


Article 12 – Continuing Transactions

The Consumer may terminate a Contract entered into for an indefinite period and concerning the regular supply of products or services at any time, subject to the agreed termination rules and a notice period not exceeding one month, where applicable.

A fixed-term Contract may be terminated at the end of the agreed term subject to a notice period not exceeding one month, where applicable.

A fixed-term Contract shall not automatically be renewed for a new fixed period unless such renewal is expressly permitted under applicable law.

Where automatic renewal into an indefinite-term Contract is permitted, the Consumer must be able to terminate the renewed Contract subject to a notice period not exceeding one month.

Any specific rules concerning renewal, cancellation, or notice periods shall always be subject to mandatory consumer protection law.


Article 13 – Payment

Unless otherwise agreed, the Consumer must pay the amounts owed in accordance with the payment method selected during checkout.

The Entrepreneur may offer payment through third-party payment service providers.

The Consumer is responsible for providing accurate payment information.

If payment is unsuccessful, reversed, charged back, or otherwise not received, the Entrepreneur may suspend or cancel the order where permitted by law.

The Consumer must notify the Entrepreneur without undue delay of any inaccuracies in payment details provided or stated.

Any additional fees resulting from unlawful or unjustified payment disputes, reversals, or chargebacks may be recovered where permitted by law.


Article 14 – Complaints Procedure

Complaints regarding the performance of the Contract must be submitted to the Entrepreneur clearly and completely within a reasonable period after the Consumer has discovered the issue.

Complaints may be submitted by email to:

info@fiorivitae.com

The Consumer should provide sufficient information to allow the Entrepreneur to investigate the complaint, including where relevant:

  • The order number;

  • A description of the issue;

  • Photographs or other supporting evidence;

  • The Consumer’s contact details.

The Entrepreneur shall make reasonable efforts to respond to complaints within a reasonable period.

If a complaint requires more time to investigate, the Entrepreneur may inform the Consumer accordingly.

Submitting a complaint does not suspend the Consumer’s payment obligations unless otherwise required by law.


Article 15 – Force Majeure

The Entrepreneur shall not be liable for failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control.

Such circumstances may include, without limitation:

  • Natural disasters;

  • War, terrorism, or civil unrest;

  • Government restrictions;

  • Epidemics or pandemics;

  • Transport disruptions;

  • Customs delays;

  • Strikes;

  • Power outages;

  • Internet or telecommunications failures;

  • Failures or delays caused by suppliers, carriers, or logistics providers beyond the Entrepreneur’s reasonable control.

Where a force majeure event continues for an extended period and materially prevents performance, either party may terminate the affected part of the Contract where permitted by law.


Article 16 – Liability

The Entrepreneur shall only be liable to the extent required by applicable law.

To the maximum extent permitted by law, the Entrepreneur shall not be liable for indirect, consequential, incidental, or special losses arising from the use of the Website or products.

Nothing in these Terms and Conditions shall exclude or limit liability where such exclusion or limitation is prohibited by law, including liability for intent, fraud, gross negligence, death, or personal injury where applicable.

The Consumer remains responsible for using products in accordance with instructions, warnings, and their intended purpose.


Article 17 – Intellectual Property

All intellectual property rights relating to the Website and its content, including but not limited to texts, images, branding, logos, product descriptions, graphics, and design elements, belong to the Entrepreneur or its licensors unless otherwise stated.

The Consumer may not copy, reproduce, distribute, publish, modify, or commercially exploit such content without prior written permission.


Article 18 – Privacy and Personal Data

The Entrepreneur processes personal data in accordance with applicable privacy and data protection legislation.

Further information about the collection and processing of personal data is provided in the Privacy Policy available on the Website.

By using the Website or placing an order, the Consumer acknowledges that personal data may be processed as necessary to perform the Contract, process payment, arrange delivery, provide customer service, prevent fraud, and comply with legal obligations.


Article 19 – Customs and Import Charges

Where products are shipped internationally, the Consumer may be responsible for import duties, customs charges, import VAT, brokerage fees, or other charges imposed by local authorities or delivery providers.

Such charges are outside the Entrepreneur’s control unless explicitly stated otherwise during checkout.

The Consumer is responsible for complying with applicable import rules and regulations in the country of delivery.

Delays caused by customs clearance or local authorities do not automatically constitute a failure by the Entrepreneur to perform the Contract.


Article 20 – Applicable Law and Disputes

These Terms and Conditions and Contracts between the Entrepreneur and the Consumer shall be governed by the laws of the Netherlands, without prejudice to any mandatory consumer protection rights the Consumer may have under the laws of their country of residence.

The parties shall first attempt to resolve any dispute amicably.

Where a dispute cannot be resolved amicably, it may be submitted to the competent court in accordance with applicable law.

Nothing in these Terms and Conditions deprives the Consumer of any mandatory right to bring proceedings before a competent court under applicable consumer protection law.


Article 21 – Amendments to the Terms and Conditions

The Entrepreneur reserves the right to amend these Terms and Conditions from time to time.

The version of the Terms and Conditions applicable to an order is the version in force at the time the order is placed, unless a change is required by law.

Changes shall not retroactively reduce rights already acquired by the Consumer under an existing Contract, unless permitted by law.


Article 22 – Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it valid and enforceable.

If this is not possible, the provision shall be severed.

The remaining provisions shall continue in full force and effect.


Article 23 – Contact Details

For questions, complaints, returns, or other enquiries, the Consumer may contact:

RHmedia – FIORIVITAE
Irenestraat 24
8064 BN Zwartsluis
The Netherlands

Email: info@fiorivitae.com
Website: https://www.fiorivitae.com