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Terms and Conditions

Terms and conditions

Table of contents:

Article 1 – Definitions

Article 2 – Identity of The Femave

Article 3 - Application

Article 4 - Offer

Article 5 - Agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the consumer's right of withdrawal and the resulting costs

Article 9 – Obligations of The Femave upon termination

Article 10 - Exclusion of the right of withdrawal

Article 11 - Price

Article 12 - Compliance and Additional Warranty

Article 13 - Delivery and execution

Article 14 - Events of duration: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 1 – Definitions

In these circumstances the following definitions apply:

Additional agreement: 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 Femave or a third party on behalf of this third party on the basis of the agreement between and The Femave;
Reflection period: time during which the consumer can exercise his right of withdrawal;
Consumer: a natural person who does not act for purposes related to his profession, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Sustainable data carrier: any tool - including e-mail - that allows a consumer or entrepreneur to store information addressed to him personally in a manner that allows consultation or later use over time, that is tailored to the purpose for which the data is intended, and that allows the unchanged reproduction of the stored data;
Right of withdrawal: the option of the consumer to terminate the distance contract during the cooling-off period;
Distance contract: An agreement concluded between The Femave and the consumer in connection with an organized system of distance selling for products, digital content and/or services, where one or more distance communication technologies are used alone or jointly until the conclusion of the contract ; a>
Model withdrawal form: the European model withdrawal form included in Appendix I to these conditions;

The Femave: A legal entity as further defined in Article 2, which offers products, (access to) digital content and/or services remotely to consumers in accordance with these general terms and conditions;

Remote communication technology: means that an agreement can be concluded without the consumer and entrepreneur being together in the same room at the same time;

Article 2 – Identity of The Femave

Name of entrepreneur: The Femave

Email address: support@thefemave.com

Address: Rijnzathe 6, 3454 PV De Meern

Article 3 - Application

These general terms and conditions apply to all offers from The Femave and all distance contracts between entrepreneur and consumer.
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 Femave will inform The Femave before concluding the distance contract how the general terms and conditions can be viewed in The Femave and that they will be sent free of charge as soon as possible at the request of the consumer.
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 so 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.
In the event that certain product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always refer to the applicable conditions in the event of conflicting conditions. The most favorable condition for him...

Article 4 - Offer

If the offer has a limited period of validity or is conditional in nature, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed so that the consumer can properly assess the offer. If The Femave uses images, they represent genuine products, services and/or digital content. Obvious errors or mistakes in the offer do not bind The Femave.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with acceptance of the offer.

Article 5 - Agreement

Unless the provisions of paragraph 4 provide otherwise, the agreement is concluded when the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, The Femave will immediately confirm receipt of the offer electronically. As long as The Femave has not confirmed receipt of this approval, the consumer can terminate the agreement. After receiving this confirmation, it is no longer possible for the consumer to revoke or cancel the agreement; the consumer can use his right of withdrawal (Article 6).
If the agreement is concluded electronically, The Femave will take the necessary technical and organizational measures to guarantee electronic data transfer and a secure online environment. If the consumer can pay electronically, The Femave will take the necessary security measures.
The Femave can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for justifying the distance contract. If The Femave has compelling reasons not to enter into an agreement based on this report, it has the right to refuse the assignment or request with reasons or to attach special conditions to the execution.
The Femave in connection with the delivery of the product, service or digital content, sends the following information to the consumer, in writing or in such a way that the consumer can store it in an easily accessible manner on a durable data carrier:
The office address of The Femave where consumers can go with complaints;
the conditions and manner in which the consumer can exercise his right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales services;
The conditions for termination of the agreement, if the agreement has a duration of more than one year or is of indefinite duration;

and. If the consumer has a right of withdrawal, a sample withdrawal form.

In case of one duration the provisions of the previous paragraph only apply to the first delivery.

Article 6 - Right of withdrawal

The consumer can terminate the product purchase agreement without giving reasons within a cooling-off period of at least 14 (fourteen) days. The Femave may ask the consumer the reason for withdrawal, but does not oblige him to state the reason.
The cooling-off period referred to in paragraph 1 starts on the day on which the consumer, or a third party determined 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 named by him, received the last product. If The Femave has clearly informed the consumer about this before the ordering process, The Femave may refuse the order for multiple products with different delivery times.
If the delivery of the product consists of several shipments or parts: the date on which the consumer, or a third party designated by him, 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.

Services and digital content that are not provided on a tangible medium:

The consumer can terminate the service agreement and the agreement for the delivery of digital content that has not been delivered on a physical medium for at least 14 days without giving reasons. The Femave may ask the consumer the reason for withdrawal, but does not oblige him to state the reason.
The reflection period referred to in paragraph 3 starts on the day after 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:

If The Femave has not provided the consumer with the legally required information about the right of withdrawal or the model of the withdrawal form, the reflection period ends 12 months after the end of the original reflection period, determined in accordance with the previous paragraphs of this article.
If The Femave has provided the consumer with the information referred to in the previous paragraph within twelve months after the start of the initial reflection period, the reflection period ends 14 days after the day on which the consumer received the information.

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer handles the product and packaging with care. He only disassembles or uses the product to the extent necessary to determine the nature, properties 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.
The consumer is solely liable for the depreciation of the product caused by handling the product that goes beyond the permitted amount in paragraph 1.
The consumer is not responsible for any reduction in value of the product if The Femave has not provided him with all legally required information about the right of withdrawal before concluding the agreement or at the time of concluding the agreement.

Article 8 - Exercise of the consumer's right of withdrawal and the resulting costs

If the consumer exercises his right of withdrawal, he must inform The Femave of this within the cooling-off period by means of the model withdrawal form or in another clear manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to The Femave (an authorized representative). This is not necessary if The Femave has offered to collect the product itself. In any case, the consumer has met the return period if he returns the product before the cooling-off period expires.
The consumer returns the product with all accessories supplied by him, if reasonably possible in the original condition and packaging and in accordance with the reasonable and clear instructions given by The Femave.
The consumer bears the risk and the burden of proof regarding the correct and timely use of the right of withdrawal.
The consumer is responsible for the direct costs of returning the product. If The Femave has not indicated that the consumer must bear these costs, or if The Femave indicates that it will bear the costs itself, the consumer does not have to pay the return shipping costs.
The consumer is not responsible for the costs of the full or partial delivery of digital content that is not delivered on a physical medium, if:
he has not expressly agreed before delivery to start executing the agreement before the end of the cooling-off period;
He has not acknowledged that he lost his right of withdrawal when he gave his consent; or
The Femave has not confirmed this consumer statement.
If the consumer exercises his right of withdrawal, all additional agreements will be terminated according to the law.

Article 9 – Obligations of The Femave upon termination

If The Femave enables the consumer to receive an electronic notice of withdrawal, it will send this notice immediately after receiving confirmation of the withdrawal.
The Femave will reimburse all payments made by the consumer, including the shipping costs charged by The Femave for the returned product, without delay but within 14 (fourteen) days from the day on which the consumer notified the withdrawal. If The Femave does not offer 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.
The Femave uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to a different payment method. Returns are free for the consumer.
If the consumer has opted for a cheaper delivery method than the cheapest standard delivery, The Femave does not have to reimburse the additional costs of the more expensive delivery method.

Article 10 - Exclusion of right of withdrawal

The Femave can exclude the following products and services from the right of withdrawal, but only if The Femave has clearly announced this when making the offer or at least well before concluding the agreement:

Products or services whose price is subject to fluctuations in the financial market, over which The Femave has no influence and which may occur within the withdrawal period;
Contracts concluded during the public auction. Public auction means a sales method whereby The Femave offers products, digital content and/or services to a consumer who is personally present or has the opportunity to be personally present at the auction under the supervision of the auctioneer and where the successful bidder is obliged is to purchase the products, digital content and/or services;
Service contracts, upon completion of the full service, but only if:
The execution has started with the express prior consent of the consumer; And
The consumer has indicated that he loses his right of withdrawal as soon as The Femave has fully executed the agreement;
Service agreements for the provision of accommodation, if a specific date or time of performance is stated in the agreement and for purposes other than accommodation, freight transport, car rental services and catering services;
Agreements relating to leisure activities, if a specific performance date or time is stated in the agreement;
Products manufactured according to the consumer's instructions, which are not prefabricated and which are manufactured on the basis of the 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 health protection or hygienic reasons and of which the seal has been broken after delivery;
Products that, due to their nature, are irreparably mixed with other products after delivery;
Alcoholic drinks whose price was agreed upon at the conclusion of the agreement, but delivery of which can only take place after 30 days and whose actual value depends on market fluctuations over which The Femave has no influence;
Sealed audio, video and computer software of which the seal has been broken after delivery;
Newspapers and magazines or periodicals, excluding subscriptions thereto;
Delivery of digital content in a non-physical medium, but only if:
The execution 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 – Price

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.
Notwithstanding the previous paragraph, The Femave may offer products or services at fluctuating prices, the prices of which are influenced by fluctuations in the financial market and over which The Femave has no influence. This obligation to vary and the fact that the indicated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of regulations or orders.
Price increases from 3 months from the conclusion of the agreement are only permitted if The Femave has ordered this and:
These are the result of legal decisions or regulations; or
The consumer has the right to cancel the agreement from the date on which the price increase takes effect.
Delivery takes place in the country where transport commences, pursuant to Article 5, first paragraph, of the Turnover Tax Act 1968. In this case, this delivery takes place outside the EU. Following this, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged by the entrepreneur.
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 and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 12 - Compliance with the agreement and additional warranty

The Femave guarantees that the products and/or services are in accordance with the agreement, the specifications stated in the offer, reasonable reliability and/or usability requirements and the legal and/or government regulations applicable on the date of the agreement. . By agreement, The Femave also guarantees the suitability of the product for other than normal use.
The additional warranty provided by The Femave, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against The Femave under the agreement if The Femave has failed to fulfill the contractual part.
An additional warranty means any obligation of The Femave, its supplier, importer or manufacturer, whereby it grants the consumer certain rights or claims that go beyond what he has under the law if he has not fulfilled his part of the agreement .

Article 13 - Delivery and enforcement

The Femave takes the utmost care in receiving and fulfilling product orders and evaluating service requests.
Taking into account what is stated in Article 4 of these general terms and conditions, The Femave will execute received orders urgently, but no later than within 30 days, unless a different delivery time has been agreed. If delivery is delayed, or if the 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. The consumer then has the right to terminate the agreement without costs and is entitled to compensation.
After dissolution in accordance with the previous paragraph, The Femave will immediately refund the amount paid by the consumer.
The Femave bears the risk of damage and/or loss of the products until the moment the product is delivered to the consumer or to a representative designated in advance and made known to The Femave, unless otherwise agreed separately.

Article 14 - Events of duration: duration, cancellation and extension

Termination:

The consumer can cancel the provisionally concluded agreement, which extends to the regular delivery of goods or services, at any time.

Cancellation in accordance with the agreed cancellation rules and with a maximum notice period of one month.

The consumer can cancel an agreement that has been entered into for a fixed period and that extends to the regular delivery of goods or services at any time after the end of the term, taking into account the agreed cancellation rules and a notice period. more than a month.
The consumer can cancel the agreements referred to in the previous paragraphs:

cancel at any time and is not limited to cancellation at a specific time or period;
at least cancel in the same manner as he entered into these agreements;
always cancel with the same notice period that The Femave has set itself.

Extension:

An agreement that has been entered into for a specific period and that extends to the regular delivery of goods or services cannot be tacitly extended or renewed for a specific period.
Regardless of what is stated in the previous paragraph, the fixed-term agreement can be tacitly extended for a period of up to three months, if the consumer can cancel this extended agreement towards the end of the extension period with a maximum of one notice period. month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of goods or services can only be tacitly extended until further notice if the consumer may terminate the agreement at any time with a notice period of no more than one month.

Duration:

If the agreement has a duration of more than one year, the consumer can terminate the agreement 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 15 - Payment

Unless otherwise stated in the agreement or additional terms and conditions, the consumer's debts must be paid within 14 (fourteen) days from the start of the cooling-off period, or if there is no cooling-off period, within 14 (fourteen) days from the date on which the cooling-off period begins. enters. conclusion of the contract. agreement. In the case of an agreement to provide a service, this period starts from the day on which the consumer receives confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any right to the execution of the order or service(s) in question before the agreed advance payment has been made.
The consumer has the obligation to report inaccuracies in the payment information provided or reported to The Femave without delay.
If the consumer does not meet his payment obligations on time, after The Femave has informed him of the payment delay and The Femave has given the consumer 14 (fourteen) days to meet his payment obligations. If payment is not made within these 14 days, The Femave will owe statutory interest on the remaining amount and The Femave has the right to collect the legal costs incurred. These collection costs amount to a maximum of: 15% of the fee up to a maximum of 2,500 euros; 10% on the next 2,500 euros and 5% on the next 5,000 euros with a minimum of 40 euros. The Femave may deviate from the stated amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure

The Femave has a sufficiently publicized complaints procedure and will handle the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to The Femave within a reasonable time after the consumer has discovered the defects.
Complaints submitted to The Femave will be answered within 14 (fourteen) days of receipt. If the complaint requires a foreseeably longer processing time, The Femave will respond within 14 (fourteen) days with an acknowledgment of receipt and a notification when the consumer can expect a more detailed answer.

Article 17 - Disputes

Agreements between The Femave and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. All disputes arising from the agreement and/or these general terms and conditions will be dealt with by the competent court in the region of The Femave office.

Article 18 – Additional or deviating provisions

Provisions that supplement or deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can record them in an easily accessible manner on a durable data carrier.

CONTACT INFORMATION

Email: support@thefemave.com

Address: Rijnzathe 6, 3454 PV De Meern

TikTok: @TheFemave

Terms and Conditions