Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following terms are defined as:

Cooling-off Period: the period during which the consumer can exercise their right of withdrawal.

Consumer: a natural person who is not acting in the course of business or profession and who enters into a distance contract with the business.

Day: calendar day.

Long-term Contract: a distance contract concerning a series of products and/or services, where the delivery and/or performance obligation is spread out over time.

Durable Data Carrier: any medium that allows the consumer or business to store information addressed personally to them, in a way that allows for future consultation and unchanged reproduction of the stored information.

Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.

Business: the natural or legal person offering products and/or services to consumers at a distance.

Distance Contract: a contract that is concluded as part of a system organized by the business for remote selling of products and/or services, using only one or more techniques for remote communication up until the conclusion of the contract.

Remote Communication Technique: any medium that allows for the conclusion of a contract, without the consumer and business being physically present in the same location.

General Terms and Conditions: these General Terms and Conditions of the business.

Article 2 – Identity of the Business

Business Name: Urbancart
Company Registration Number: 93979851
Trade Name: La Vie Ottawa
VAT Number: NL005055772B49
Customer Service Email: info@lavieottawa.ca
Business Address: Ballonstraat 101, Leiden, South Holland, Netherlands

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the business and every distance contract and order between the business and the consumer.

Before concluding the distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the General Terms and Conditions can be viewed at the business and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions can, in deviation from the previous paragraph, be made available to the consumer electronically in a way that makes it easy for the consumer to store the information on a durable data carrier. If this is not reasonably possible, the business will indicate where the General Terms and Conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request.

If, in addition to these General Terms and Conditions, specific product or service terms and conditions apply, the second and third paragraphs will apply accordingly, and the consumer may rely on the most favorable applicable provision in case of conflicting terms.

If one or more provisions in these General Terms and Conditions are found to be void or voidable, the contract and these terms remain in effect, and the provision will be replaced by a new one that closely matches the original intent.

Situations not covered by these General Terms and Conditions will be assessed in the spirit of these terms.

Uncertainties regarding the interpretation or content of one or more provisions of these terms will be explained in the spirit of these General Terms and Conditions.

Article 4 – The Offer

If an offer is valid for a limited period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The business is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make an informed assessment of the offer. If the business uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the business.

All images, specifications, and data in the offer are indicative and may not give rise to claims for compensation or contract termination.

Images of products are a truthful representation of the offered products. The business cannot guarantee that the displayed colors exactly match the actual product colors.

Every offer contains information that makes it clear what rights and obligations are attached to the acceptance of the offer, specifically:

  • The price, excluding clearance charges and import VAT. These additional costs will be borne by the consumer. The postal and/or courier service will collect VAT (with or without clearance costs) from the recipient of the goods.

  • The possible shipping costs.

  • How the agreement will be concluded and which actions are required.

  • Whether the right of withdrawal applies.

  • The payment, delivery, and execution methods for the contract.

  • The time frame for accepting the offer, or the period during which the business guarantees the price.

  • The communication method cost if the remote communication technique is charged differently than the regular base rate for the used medium.

  • Whether the contract will be archived after it is concluded and how the consumer can access it.

  • How the consumer can check and, if necessary, correct the data provided before concluding the contract.

  • Any other languages in which, in addition to English, the contract can be concluded.

  • The codes of conduct to which the business adheres and how the consumer can access these codes electronically.

  • The minimum duration of the contract in case of a long-term contract.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and meets the stated conditions.

If the consumer accepts the offer electronically, the business will promptly confirm receipt of the acceptance electronically. Until this acceptance is confirmed by the business, the consumer may cancel the agreement.

When the agreement is concluded electronically, the business will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the business will take appropriate security measures.

The business can, within legal limits, check whether the consumer can meet their payment obligations, as well as other facts and factors important for responsibly entering into a distance contract. If the business has valid reasons to believe that the agreement should not be concluded, they are entitled to refuse an order or request or attach special conditions to its execution.

Upon delivery of the product or service, the business will provide the following information to the consumer, in writing or in such a way that the consumer can store it on a durable data carrier:

  • The physical address of the business where the consumer can direct complaints.

  • The conditions and procedure for the consumer to exercise their right of withdrawal, or clear notice if the right of withdrawal does not apply.

  • Information about warranties and after-sales service.

  • The information mentioned in Article 4(3), unless it has already been provided to the consumer before execution of the agreement.

  • Requirements for termination of the agreement if the contract lasts longer than one year or is indefinite.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract without providing a reason within 30 days. The cooling-off period begins the day after the product is received by the consumer or a representative designated by the consumer.

During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess if they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original state and packaging, in accordance with the business's clear and reasonable instructions.

If the consumer wishes to use their right of withdrawal, they must notify the business within 30 days after receiving the product. This notification must be in writing or by email. After notifying the business, the consumer must return the product within 30 days. The consumer must provide proof that the items have been returned in time, e.g., using proof of postage.

If the consumer has not notified the business of their right of withdrawal or has not returned the product within the given time, the sale is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products is entirely the consumer’s responsibility. This includes return shipping to the country of origin.

If the consumer has paid an amount, the business will refund this as soon as possible, but no later than 30 days after the withdrawal, provided that the product has been returned or proof of return is provided.

Article 8 – Exclusion of the Right of Withdrawal

The business may exclude the consumer's right of withdrawal for certain products, such as those specified in paragraphs 2 and 3. This exclusion only applies if the business clearly mentioned it in the offer before or at the time the contract was concluded.

Exclusion of the right of withdrawal is possible for products:

  • Custom-made according to consumer specifications.

  • Personal in nature.

  • Cannot be returned due to their nature.

  • Prone to rapid deterioration or expiry.

  • Whose price is linked to fluctuations in financial markets beyond the business's control.

  • Newspapers and magazines.

  • Audio and video recordings or software, if the consumer has broken the seal.

  • Hygiene products, if the consumer has broken the seal.

Exclusion of the right of withdrawal is possible for services:

  • Concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or within a specific period.

  • Where delivery has started with the consumer's express consent before the cooling-off period has expired.

  • Concerning betting or lotteries.

Article 9 – Price

Throughout the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

However, the business can offer products or services with prices subject to fluctuations in financial markets, where the business has no control, at variable prices. This fluctuation and the fact that the prices are indicative will be stated in the offer.

Price increases within three months of the conclusion of the agreement are only allowed if required by law.

Price increases after three months are only allowed if agreed upon, and:

  • They result from legal provisions, or

  • The consumer has the right to cancel the agreement from the day the price increase takes effect.