Terms and conditions
Article 1 – Definitions
In these terms and conditions, the following terms are defined as:
Cooling-off Period: The period in which the consumer can exercise their right of withdrawal;
Consumer: A natural person who is not acting within a professional or business capacity and enters into a distance contract with the entrepreneur;
Day: Calendar day;
Ongoing Contract: A distance contract regarding a series of products and/or services, for which the supply or purchase obligation is spread over time;
Durable Medium: Any device that allows the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: A natural or legal person who offers products and/or services to consumers at a distance;
Distance Contract: An agreement whereby, as part of a system organized by the entrepreneur for remote sales of products and/or services, exclusive use is made of one or more techniques for remote communication up to the conclusion of the agreement;
Remote Communication Technology: A means that can be used for concluding an agreement without the consumer and the entrepreneur meeting simultaneously in the same space.
Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Raphaël Cavonier Paris, established in Rotterdam, with its office located at Troubadourlaan 57, Rotterdam, email info@cavonier.nl, registered in the Dutch Chamber of Commerce under number 87545136, facilitating agreements for product delivery from suppliers through the website.
Article 3 – Applicability
These terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders made between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before concluding the distance contract that the terms and conditions are available for inspection at the entrepreneur’s location and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, and before the contract is concluded, the text of these terms and conditions can be made available to the consumer electronically, in a way that allows it to be stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the terms and conditions can be consulted electronically, and they will be sent to the consumer electronically or by other means free of charge upon request.
If specific product or service conditions also apply in addition to these terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer may rely on the most favorable provision in the event of conflicting conditions.
If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in effect for the remainder, and the relevant provision will be replaced by a provision that closely approximates the intent of the original provision as much as possible.
Situations not covered by these terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.
Ambiguities about the interpretation or content of one or more provisions of our conditions must be interpreted ‘in the spirit’ of these terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they must be a true representation of the offered products and/or services. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
Images of products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information to make the consumer's rights and obligations clear upon acceptance of the offer. This particularly concerns:
- the price, excluding customs clearance fees and import VAT, which will be the responsibility and risk of the customer. The postal or courier service will apply the special arrangement for postal and courier services regarding importation in the EU country of destination, which is applicable in this case. The postal or courier service collects VAT (and any customs clearance fees charged) from the recipient of the goods;
- any shipping costs;
- how the contract will be concluded and what actions are required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and performance of the contract;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the rate for distance communication if the cost of using remote communication technology is calculated on a basis other than the basic rate for the used communication means;
- whether the contract will be archived after its conclusion, and if so, how the consumer can consult it;
- how the consumer, before concluding the contract, can verify and, if necessary, correct the data provided in the context of the contract;
- any other languages, in addition to Dutch, in which the contract can be concluded;
- the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and
- the minimum duration of the distance contract if it concerns an ongoing contract.
Optional: available sizes, colors, type of materials.
Article 5 – The Contract
The contract comes into effect, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
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 dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment.