Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

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

Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Long-term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.

Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely.

Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized distance sales system for products and/or services, where only one or more means of distance communication are used up to and including the conclusion of the contract.

Means of distance communication: any tool that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.

Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These 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 will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded that the Terms and Conditions can be reviewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these Terms and Conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available electronically to the consumer in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur will indicate where the Terms and Conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon the consumer’s request.

If specific product or service conditions also apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly. In the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the contract and these Terms and Conditions will otherwise remain in effect. The relevant provision will be replaced without delay, by mutual agreement, with a provision that comes as close as possible to the original intent.

Situations not covered by these Terms and Conditions must be assessed in the spirit of these Terms and Conditions.

Any uncertainties regarding the interpretation or content of one or more provisions of these Terms and Conditions must be interpreted in the spirit of these Terms and Conditions.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly 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 the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or cancellation of the contract.

Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:

the price, excluding customs clearance costs and import VAT. These additional costs are at the customer’s expense and risk. The postal and/or courier service will use the special arrangement for postal and courier services for import. This arrangement applies when goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT, whether or not together with the charged customs clearance costs, from the recipient of the goods;

any shipping costs;

the way in which the contract will be concluded and which actions are required for this;

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 during which the entrepreneur guarantees the price;

the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used;

whether the contract will be archived after it is concluded and, if so, how the consumer can access it;

the way in which the consumer can check and, if desired, correct the information provided by them in connection with the contract before concluding the contract;

any other languages in which the contract can be concluded besides Dutch;

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 in the case of a long-term transaction.

Optional: available sizes, colors, and types of materials.

Article 4 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may cancel 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 ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, the entrepreneur is entitled to refuse an order or request with reasons or to attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the entrepreneur’s business location where the consumer can submit complaints;

the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

information about warranties and after-sales service;

the information included in Article 4, paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;

the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to cancel the contract without giving any reason for a period of 30 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. The consumer must do this by written notice/email. After notifying the entrepreneur that they wish to exercise the right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.

If the customer has not notified the entrepreneur of their intention to exercise the right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products is at the consumer’s expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return shipment can be provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, or at least in a timely manner before the contract was concluded.

Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur according to the consumer’s specifications;

that are clearly personal in nature;

that cannot be returned due to their nature;

that can spoil or age quickly;

whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;

for individual newspapers and magazines;

for audio and video recordings and computer software where the consumer has broken the seal;

for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;

where delivery has started with the consumer’s express consent before the cooling-off period has expired;

relating to betting and lotteries.

Article 8 – The Price

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

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if their prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the contract is concluded are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the contract is concluded are only permitted if the entrepreneur has stipulated this and:

they result from statutory regulations or provisions; or

the consumer has the right to terminate the contract from the day the price increase takes effect.

Under Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU. As a result, import VAT and/or customs clearance costs will be collected from the buyer by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 9 – Identity of the Entrepreneur

Company name: Lynova
Company address: M.D. de Grootstraat 19
info@lynova-boston.nl
Chamber of Commerce number: 42091837
VAT identification number: NL869677731B01

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging;

the defect is wholly or partly the result of regulations that the government has issued or will issue regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will exercise the greatest possible care when receiving and executing product orders.

The place of delivery is the address provided by the consumer to the company.

With due observance of what is stated in Article 4 of these Terms and Conditions, the company will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract free of charge and is entitled to any compensation.

In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the entrepreneur’s expense.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract entered into for an indefinite period and intended for the regular delivery of products, including electricity, or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract entered into for a fixed period and intended for the regular delivery of products, including electricity, or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts mentioned in the previous paragraphs:

at any time and may not be limited to termination at a specific time or during a specific period;

at least in the same way as the contract was entered into;

always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A contract entered into for a fixed period and intended for the regular delivery of products, including electricity, or services may not be automatically renewed or extended for a fixed period.

Contrary to the previous paragraph, a contract entered into for a fixed period and intended for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a fixed period of up to three months, provided that the consumer can terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.

A contract entered into for a fixed period and intended for the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract relates to the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.

A contract with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines, such as a trial or introductory subscription, will not be automatically continued and will end automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 30 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and strengthened as of 2024 in connection with the “Act amending the Dutch Turnover Tax Act 1968,” implementing the Payment Services Directive and the central electronic system of payment information, payment service providers may register data in the European CESOP system.