Terms and Conditions
General conditions STRAVADA.COM
Article 1 - Definitions
In these conditions the following terms have the following meanings:
Time for reflection: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract with regard to a range of products and / or services, the delivery and / or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
Distance Agreement: an agreement whereby, in the context of a system organized by the entrepreneur for distance sales of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Email address: email@example.com
Chamber of Commerce number: 77491386
VAT identification number: NL003199420B34
(No visiting address)
Article 3 - Services
Stravada is a dropshipping company. This means that it is possible via the Stravada website to purchase products from third parties, which may or may not be established in the European Union. Placing an order via Stravada's website implies that the Buyer gives Stravada the order (and authorization) to order the product from the supplier of the relevant product (“Supplier”) on behalf and at the expense of the Buyer as an intermediary. The Supplier will ship the product directly to the Buyer.
If the Supplier is established outside the Netherlands, the product will be imported in the name of the Buyer. Any additional costs, such as import VAT and (customs) clearance fees, will be borne by the Buyer. Incidentally, (at the time of drawing up these General Terms and Conditions) no import VAT or clearance costs apply for shipments from a non-EU country to the Netherlands with a value of no more than 22 euros (excluding shipping costs).
The Buyer who is a Consumer can apply to Stravada to exercise all legal rights that he has against the Supplier, provided that it is in accordance with the provisions of these General Terms and Conditions.
Payment for the purchased product takes place via Stravada, which arranges payment to the Supplier on behalf of the Buyer. The price payable by the Buyer is not necessarily equal to the price paid by Stravada to the supplier. Any difference between these amounts will then be regarded as compensation for the mediation service provided by Stravada.
Article 4 - Applicability
- These General Terms and Conditions apply to every offer from Stravada, orders from a Buyer Stravada and on any Distance Contract concluded with a Buyer (this also includes: additional, amended and follow-up contracts). The applicability of any general or (purchase) conditions of other parties of Stravada is expressly rejected.
- Before the Distance Contract is concluded with a Consumer, the text of these General Terms and Conditions will be made available to the Consumer or made available to the Consumer electronically in such a way that the Consumer can easily store them on his computer or another 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 inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the Consumer.
- If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or destroyed, then the agreement and these terms and conditions will remain in force and the relevant provision will be immediately replaced in mutual consultation by a provision that the purport from the original as closely as possible
Article 5 - The offer
Each offer has a limited period of validity, namely either the duration during which the offer is made on the Stravada website, or until the moment that the relevant products are no longer in stock (“used up”). If the offer is made under specific conditions, this will be explicitly stated in the offer.
The offer is without obligation. Stravada is entitled to change and adapt the offer. If an agreement has been concluded with Stravada, it will confirm the agreement by e-mail.
Delivery times on the Stravada website are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the Buyer to make a proper assessment of the offer. Stravada is not bound by an offer if the Buyer could reasonably have expected or should have understood or should have understood that the offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.
All images and specifications and other data in the offer are an indication and cannot give rise to compensation or dissolution of the agreement in the event of inaccuracy and / or deviations (unless it concerns such substantial deviations from the essential product characteristics that there is actually another product than what the Buyer ordered).
Images with products are a true representation of the products offered. Stravada cannot guarantee that the displayed colors exactly match the real colors of the products.
Article 6 - Price
PLEASE NOTE: because Stravada is an “intermediary” as stated in article 3, the prices stated in the offer are exclusive of VAT and other government levies as well as shipping and any transport and packaging costs, unless explicitly stated otherwise. A price excluding VAT, taxes and shipping costs is therefore shown for consumers.
The Buyer is responsible for the importation and payment of VAT and any import duties on the products purchased by the Buyer. The buyer is considered to be in possession of any required import and / or payment permits. The missing or withdrawal of these permits does not release the Buyer from the obligation to purchase the goods in the agreed manner. If the goods are not sold cleared by Stravada, the Buyer cannot derive the right to cancel the order / order. If the Buyer must pay import duties, these costs will be entirely at the expense and risk of the Buyer. The right to cancel the order / order cannot be derived from a change in any quality regulations and / or objections made by third parties against the goods on the basis of patents, brands and other rights.
The prices as stated in the offer are based on the cost factors applicable at the time of the conclusion of the agreement, such as: the import and export duties, freight and unloading costs, insurance and any levies and taxes. Any advantages and disadvantages at the time of arrival, shipping or delivery will be for the benefit of or at the expense of the Buyer.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, Stravada is not obliged to deliver the product at the wrong price.
A composite quotation does not oblige Stravada to deliver part of the goods included in the offer or quotation for a corresponding part of the stated price.
Article 7 - Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the Buyer of the offer and compliance with the corresponding conditions.
If the Buyer has accepted the offer electronically, Stravada will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Stravada, the Buyer may terminate the agreement.
If the agreement is concluded electronically, Stravada will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Buyer can pay electronically, Stravada will observe appropriate security measures.
Stravada can - within legal frameworks - inform itself whether the Buyer can meet its payment obligations, as well as inform itself of all those facts and factors that are important for a responsible conclusion of the Distance Agreement. If, on the basis of this investigation, Stravada has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
Stravada will send the following information with the product or service to a Consumer, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable medium:
the conditions under which and the way in which the Consumer can make use of the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;
information about guarantees and existing service after purchase;
if the consumer has a right of withdrawal, the model withdrawal form.
The Buyer shall ensure that all information, of which Stravada indicates that it is necessary or of which the Buyer should reasonably understand that it is necessary for the execution of the agreement, is provided to Stravada in a timely manner. If the information required for the execution of the agreement is not provided to Stravada in time, Stravada has the right to suspend the execution of the agreement and / or to charge the additional costs resulting from the delay to the buyer according to the usual rates. .
Stravada is not liable for damage, of whatever nature, that has arisen because Stravada relied on incorrect and / or incomplete information provided by the Buyer, unless this inaccuracy or incompleteness was known to Stravada.
Article 8 - Right of withdrawal
When purchasing products, the Buyer, who is a Consumer, has the option to dissolve the agreement without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the Consumer or a representative designated in advance by the Consumer and notified to Stravada.
During the Reflection Period, the Consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Stravada, in accordance with the reasonable and clear instructions provided by Stravada.
If the Consumer wishes to exercise his right of withdrawal, he is obliged to notify Stravada of this within 14 days of receipt of the product. The Consumer must make this known by means of the Model form. After the Consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The Consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to Stravada, the purchase is a fact.
Article 9 - Costs in case of withdrawal
If the Consumer exercises his Right of Withdrawal, the costs of returning the goods are for his account.
If the Consumer has paid an amount, Stravada will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by Stravada or the Supplier or that conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the Consumer unless the Consumer explicitly gives permission for a different payment method.
In case of damage to the product due to careless handling by the Consumer himself, the Consumer is liable for any depreciation of the product.
Article 10 - Exclusion of right of withdrawal
The following products are excluded from the Right of Withdrawal:
- products that are clearly personal in nature;
- products that cannot be returned due to their nature;
- products that can spoil or age quickly;
- products whose price is dependent on fluctuations in the financial market over which Stravada has no influence;
- audio and video recordings and computer software of which the Buyer has broken the seal;
- sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- products manufactured at the Buyer's request, in accordance with the Buyer's specifications;
- sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
Article 11 - Conformity and Warranty
Stravada guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. Stravada points out that certain products, including skin care products, have a limited expiration date, which is stated on the product concerned at all times. The buyer must take into account this shelf life within which the quality and safety of the product can be guaranteed in accordance with the manufacturer's warranty.
A guarantee provided by Stravada, the Supplier, a manufacturer or importer does not affect the legal rights and claims that the Consumer can assert against Stravada on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to Stravada in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
Stravada's warranty period corresponds to the manufacturer's warranty period. However, Stravada is never responsible for the ultimate suitability of the products for any individual application by the Consumer, nor for any advice regarding the use or application of the products.
In the event of a warranty claim, Stravada will, at its option, arrange for replacement or repair. In the event of replacement, the Buyer undertakes to return the replaced good to Stravada.
The warranty does not apply if:
The Consumer has repaired and / or processed the delivered products himself or has had them repaired and / or processed by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of Stravada and / or have been treated on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 12 - Delivery and implementation
Stravada will handle orders for products with the greatest possible care.
The place of delivery is the address that the Buyer has provided to Stravada.
Stravada will execute accepted orders with due speed. However, all delivery times are indicative, for delivery of products from outside the Netherlands, longer delivery times than stated on the website apply. This period depends on the delivery time of the Supplier. The Buyer can never derive any rights from any stated terms. If an order cannot or only partially be executed, the Buyer will be notified of this no later than 30 days after placing the order. In that case, the buyer who is a Consumer has the right to dissolve the agreement without costs with regard to the products that cannot be delivered or cannot be delivered within a reasonable term. Stravada is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery has no independent value. Stravada is entitled to invoice the delivered goods separately. Exceeding a term does not entitle the Buyer to compensation.
In the event of termination in accordance with the provisions of paragraph 3 of this article, Stravada will refund the amount paid by the Buyer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, Stravada will endeavor to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of Stravada.
The risk of damage and / or loss of products rests with Stravada until the moment of delivery to the Buyer or a pre-designated representative made known to Stravada, unless expressly agreed otherwise. Accepting goods without any comments or remarks on the waybill / invoice serves as proof that the packaging was in good condition at the time of delivery.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the Buyer must be paid immediately after placing the order (or entering into the agreement).
The Buyer has the duty to immediately report inaccuracies in provided or stated payment details to Stravada.
If the Consumer does not fulfill his payment obligation (s) on time, after he has been informed by Stravada of the late payment and Stravada has granted the Consumer a period of 14 days to still fulfill his payment obligations, after failure to do so payment within this 14-day period, statutory interest is due on the amount owed and Stravada is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. Stravada may deviate from the stated amounts and percentages in favor of the Consumer.
Article 14 - Complaints
In case of complaints, a Buyer must first turn to Stravada. A complaint does not suspend Stravada's obligations, unless Stravada indicates otherwise in writing.
Complaints about the performance of the agreement must be submitted fully and clearly described to Stravada j within 7 days after the Buyer has discovered the defects.
Complaints submitted to Stravada will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Stravada will reply within 14 days with a confirmation of receipt and an indication when the Buyer can expect a more detailed answer.
The Buyer must in any case give Stravada 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
If a complaint is found to be justified by Stravada, Stravada will, at its option, either replace or repair the delivered products free of charge. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A consumer can also turn to a disputes committee for complaints via the European ODR Platform (https://ec.europa.eu/consumers/odr/).
Article 15 - Disputes
Agreements between Stravada and the Buyer to which these General Terms and Conditions apply are exclusively governed by Dutch law, even if the Buyer resides abroad. All disputes arising from or as a result of the agreement between Stravada and the Buyer will be settled by the competent court in Amsterdam, unless provisions of mandatory law lead to jurisdiction of another court.
The Vienna Sales Convention does not apply.