GENERAL CONDITIONS AMÉLYPH:
1. Identity of the entrepreneur
Brielle, the Netherlands
- In these general conditions, the terms indicated with a capital letter have the meaning as described below:
- “Amélyph”: the seller in these general conditions, established in Brielle.
- “Counterparty”: the party concluding an agreement with Amélyph.
- “Distance Agreement”: every agreement for the purchase and sale that is concluded in an electronic manner through the web shop of Amélyph or of its retailer, whereby, within the framework of a system for the sale at a distance of products or services organised by Amélyph, during the entire process – as from the offering of products or services until the conclusion of a purchase agreement – exclusive use is made of one or more techniques for communications at a distance.
- All offers, quotations issued, agreements concluded by or on behalf of AMÉLYPH, as well as their implementation, including all (legal) transactions which are conducted in the framework thereof, are governed by these general conditions. In case of conflict of any provision in the offer, quotation, or agreement with the present conditions, what is stated in the offer, quotation, or agreement prevails.
- The articles of these general conditions are applicable to agreements between AMÉLYPH and the Counterparty, unless they are expressly deviated from in special provisions for these general conditions.
- The articles of these general conditions are applicable to both agreements between a Consumer and AMÉLYPH, and to agreements between a Retailer and AMÉLYPH, unless in Chapter 1 and Chapter 2 or in another manner these articles are expressly deviated from in these general conditions.
- Chapter 1 and Chapter 2 must be considered an addition to the articles 1 through 16 of these general conditions. In case of conflict with provisions from these articles, the provisions from Chapter 1 and Chapter 2 have precedence.
- Before the agreement is concluded, the text of these general conditions is provided to the Counterparty. If it is reasonably impossible to provide these general conditions, it will be indicated, before the agreement is concluded, that these general conditions will upon request of the Counterparty will be forwarded as soon as possible free of charges digitally in pdf or by mail, as well as that the general conditions can be requested from the Chamber of Commerce.
- If the Distance Agreement is concluded electronically, in derogation to the preceding section and before the Distance Agreement is concluded, the text of these general conditions can be provided to the Counterparty through electronic channels, in such a manner that it can be stored on a durable information carrier in a simple manner by the Counterparty. If such is not reasonably possible, before the Distance Agreement is concluded, it will be indicated where these general conditions can be taken cognizance of through electronic channels, and that upon request of the client they will be forwarded free of charges through electronic channels or in another manner.
- AMÉLYPH expressly excludes the applicability of other general conditions than the present general conditions, whatever such other general conditions may be called and whatever form they may have. Thereby are also included purchasing conditions and other general conditions of the Counterparty that are applied by the Counterparty. By accepting an offer or quotation made by or on behalf of AMÉLYPH, by entering into an agreement with AMÉLYPH, or by accepting products delivered by or on behalf of AMÉLYPH, the Counterparty unconditionally accepts that these general conditions are applicable and that the applicability of other general conditions than those intended in this article is excluded.
- Deviating provisions are only effective if AMÉLYPH and the Counterparty have established such in writing and then only as regards the agreement for which the intended provisions have been established. Otherwise, these general conditions remain effective.
- In case any provision of these general conditions were to be entirely or partially invalid, annullable and/or unenforceable, then this will not affect in any way the validity of any other provisions of these general conditions. If a provision of these general conditions were to be valid solely if it had a more limited scope or tenor, then this provision will automatically take effect with the most far-reaching or widest more limited tenor for or in which it does have validity.
4. Rentention of property
- The property of the delivered and ordered products is only transferred to the Counterparty as soon as it has fulfilled all its payment obligations that flow from the legal relationship with AMÉLYPH.
- The Counterparty will only have the right to resell the delivered products if full payment to AMÉLYPH has occurred.
- In case of inability to comply with the payment obligations, AMÉLYPH has the right to reclaim the delivered products if possible and to claim the costs of recovery from the Counterparty.
- AMÉLYPH guarantees that the products are compliant with the agreement, with the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and with such legal provisions and/or government requirements as exist on the date of conclusion of the agreement.
- The Counterparty will communicate complaints immediately after first discovery, in any event within 48 hours after receipt, to AMÉLYPH in writing (by e-mail).
- After submittal of a complaint, AMÉLYPH must schedule an appointment with the Counterparty as soon as possible to resolve the complaint.
- Repairs on products will be at the expense and risk of the Counterparty, unless it regards a repair within the warranty term.
- Any entitlement to the warranty lapses, however, if third parties or the Counterparty have conducted activities, without the consent of AMÈLYPH, on the product delivered with guarantee by AMÉLYPH or have had conducted such by another party than AMÉLYPH that the agreement was concluded with.
- To products on which a discount of at least 50% of the initial sales price is provided, no warranty applies.
6. Complains mechanism
- AMÉLYPH has a sufficiently publicised complaints mechanism and handles the complaint in accordance with this complaints mechanism.
- Complaints about the implementation of the agreement must be submitted within a reasonable time, and in any case within 48 hours, fully and clearly described to AMÉLYPH by way of the complaints form attached as appendix 1 to the General Conditions, after the Counterparty has identified the defects.
- Complaints submitted to AMÉLYPH are answered within a term of 14 days counted from the date of receipt. The Counterparty must grant AMÉLYPH at least 4 weeks’ time to resolve the complaint through mutual consultation.
- DELIVERY TERMS
- AMÉLYPH exerts itself to deliver the Products within the communicated delivery term at the Location. All delivery terms referred to by AMÉLYPH have been determined to the best of their knowledge, based on the information known to AMÉLYPH at the moment of issue of the term. The simple overrunning of a delivery term does not cause the default of AMÉLYPH. If AMÉLYPH foresees that the delivery term will be overrun, it will accordingly inform Buyer as soon as possible.
- The costs of sending the Products to the location are borne by AMÉLYPH. Buyer guarantees that the Products can be received at the location. Any possible costs for the changing of the location or for the failure to receive the Products are borne by the Buyer.
- All Products remain the full property of AMÉLYPH until all compensations owed for the delivered Products have been paid in full to AMÉLYPH
- The risk of loss, theft, or damaging of the Products is transferred to Buyer at the moment when they are delivered on location.
8. Force majeure
- Considered as ’force majeure’ is: any circumstance, cause, or event, wherever occurring, arising, or transpiring, that impedes, renders impossible or unreasonably burdensome the correct, complete, and timely compliance with any undertaking of AMÉLYPH temporarily or permanently, and which circumstance, cause, or event cannot reasonably be prevented by AMÉLYPH or which lies completely or partially outside the sphere of influence of AMÉLYPH. Also considered ’force majeure’ are the consequences of the circumstances, causes, or events referred to. Intended by force majeure in any event are the outage of networks for telecommunications and/or electricity, strikes end exclusion of workers or the threat of these and similar circumstances; weather conditions, company disruptions due to fire, accidents, or other occurrences and uncontrollable factors that affect the delivery time, such as manufacturing issues, air freight, and sea freight.
- If AMÉLYPH is prevented by force majeure from fulfilling any undertaking vis-a-vis the Counterparty and the situation of force majeure in the reasonable opinion of AMÉLYPH is of a permanent or extended nature, parties can make an arrangement for the rescission of the agreement in accordance with the law and the associated consequences.
- If AMÉLYPH is prevented by force majeure from complying with any undertaking vis-a-vis the Counterparty and the situation of force majeure in the reasonable opinion of AMÉLYPH is of a temporary or passing nature, AMÉLYPH has the right to suspend the implementation of the agreement for the time being until the circumstance, cause, or event provoking the situation of force majeure no longer exists.
- AMÉLYPH has the right to claim payment in the matter of everything that has already been performed by or on behalf of AMÉLYPH for the implementation of the agreement with the Counterparty before the circumstance, cause, or event resulting in force majeure occurred or became apparent.
- Except in the event of wilful intent or gross fault on the part of AMÉLYPH and/or to the extent it may flow differently from provisions of mandatory law regarding (product) liability, AMÉLYPH is not held to refund any damage, of whatever nature, to the products delivered by AMÉLYPH. This also includes consequential damage, whereby is intended in any case lost profit, costs incurred, missed assignments, missed savings, and marking and other promotional activities not having been able to take place at the time desired. The Counterparty expressly safeguards AMÉLYPH against entitlements and claims based on or related to such damage. With due regard for what is stated elsewhere in this article, AMÉLYPH is not liable in any event for damage or loss caused directly or indirectly by:
- the inaccuracy and incompleteness of the information provided by the Counterparty and/or other information not deriving from AMÉLYPH;
- negligent behaviour of the Counterparty, of the staff of the Counterparty or other persons deployed by it, or of any other person on the part of the Counterparty with regard to goods delivered or services provided by or on behalf of the Counterparty.
- AMÉLYPH is not liable for damaging, discolouring, and other damage to the products due to the use of sun lotion by the Counterparty or because the Counterparty allows the products to be exposed to chlorine or other lotions and chemical substances that can impair the products in any manner. Nor is AMÉLYPH liable for spots from deodorant, make-up, hair products such as hair lacquer and hair dye and spots from bodily fluids.
- In addition, AMÉLYPH is not liable for damage as a result of force majeure, as intended in article 7 of these general conditions.
- If, despite the diligence of AMÉLYPH, a security incident (data leak) occurs at AMÉLYPH, at a third party or (sub-)processor deployed by it, then Bayu The Label B.V. is only liable if the security incident (data leak) has arisen due to them not having the security of their systems in order.
- To the extent it is established in a legal procedure or in an arbitration procedure, or at least by way of mediation or a similar procedure, that AMÉLYPH is unable to appeal to the liability limitation as mentioned in article 8.1 and/or 8.2, then AMÉLYPH is only liable for normally foreseeable and avoidable shortcomings with regard to the goods delivered by or on behalf of them.
- Without prejudice to the preceding, the liability of AMÉLYPH is limited at all times to the damage caused directly, and limited at all times to the amount that AMÉLYPH has stipulated and received in the context of the agreement, the assignment and/or the service from the Counterparty. In case of agreements, assignments and/or services that have a duration of more than one (1) year, or assignments or services that succeed each other for a period longer than one (1) year, a further limitation of the liability intended here applies, until a maximum of the amount stipulated and received by AMÉLYPH from the Counterparty or any third party (in case of mediation) over the past year.
- By direct damage is exclusively intended:
- reasonable costs that Counterparty would have to incur to render the performance of AMÉLYPH compliant with the Agreement; this replacement damage is not refunded, however, if the Agreement is dissolved by or upon injunction of Counterparty;
- reasonable costs incurred to determine the cause and extent of the damage, to the extent the determination regards direct damage in the sense of this Agreement;
- reasonable costs incurred to prevent or mitigate damage, to the extent Counterparty demonstrates that these costs have led to the mitigation of direct damage in the sense of the Agreement.
- Payment by AMÉLYPH (with due regard for the maximum intended in section 4 of this article) of the damage established is considered the only and full compensation of damage. Otherwise, the Counterparty indemnifies AMÉLYPH expressly and entirely.
- For any right to compensation to arise it is always required that the Counterparty reports the damage within 48 hours after occurrence, or otherwise forthwith after Counterparty has become aware or must be considered aware of the damage, in writing (by mail or e-mail) to AMÉLYPH
- Without prejudice to what is established in this article, any claim for compensation of damages lapses after expiry of one year after the damage has manifested itself or was discovered or cold reasonably have been discovered.
Parties are obligated to observe the secrecy of all confidential information they have received from each other within the framework of the Agreement. Information is considered confidential if such has been announced by the other Party or if such flows from the nature of the information. In any case, all non-general information must be treated as confidential information.
11. Intellectual property rights
- All rights of intellectual property which the products delivered by AMÉLYPH pursuant to an agreement lie with AMÉLYPH and will continue to lie with them expressly. The commissioning and the acceptance by the Counterparty of the delivered products therefore explicitly does not constitute the transfer of the rights referred to.
- The right of use granted is not transferable. The Counterparty does not have the right without the prior written consent of AMÉLYPH to render public, sell, let, sub-license, dispose of, multiply, create copies of intellectual property rights, nor to provide them to third parties for any purpose whatsoever.
- It is not permitted to the Counterparty to remove or change any indication regarding copyrights, brands, trade names, or other rights of intellectual property, also including indications regarding the confidential character and the secrecy of the intellectual property rights. The Counterparty guarantees that he will not do anything or refrain from doing anything that violates the intellectual property rights, renders invalid these rights and/or endangers the property of these intellectual property rights.
- AMÉLYPH cannot be held accountable in any manner with regard to the breach of any right of industrial or intellectual property or of any other exclusive right which is the result of any modification in or to products sold and/or delivered or services provided by or on behalf of AMÉLYPH.
12. Termination agreement
- In case of the default of the Counterparty, and the Counterparty continues, despite written injunction by AMÉLYPH, to fail to comply with its obligations flowing from the agreement concluded with AMÉLYPH, AMÉLYPH will have the right to cancel and/or rescind the agreement, without prejudice to the right of AMÉLYPH to claim compensation of damages, to exercise the rights resulting from the retention of property, and to take other (legal) measures. The powers of AMÉLYPH referred to in the preceding sentence are effective without prejudice to the right of AMÉLYPH to demand, instead of cancelling and/or rescinding the agreement, compliance (whether or not including compensation of damages).
- AMÉLYPH will first point out the consequences of the rescission in writing to the Counterparty in the manners and to the mail address(es) known at AMÉLYPH.
- Without prejudice to what is stipulated in article 10 section 1, AMÉLYPH will be able to cancel and/or rescind the agreement with the Counterparty with immediate effect in any case if:
- the Counterparty is declared bankrupt, proceeds to cede assets, files an application for the suspension of payments, or if the Counterparty is granted (preliminary or definitive) suspension of payments or an attachment is placed on the entire assets of the Counterparty or on a part thereof;
- the Counterparty, if it is a natural person, passes away or is placed in receivership, or the property of the Counterparty is placed under forced administration, or if a request is filed with regard to the Counterparty for the application of the law on debt restructuring ‘Wet Schuldsanering’, or if the Counterparty is suspected of participating in terrorist activities;
- if the Counterparty is a legal person, the liquidation of the Counterparty is started, or if a claim for the dissolution of the Counterparty is filed or a decision for the dissolution regarding the Counterparty is or has been taken.
- The unilateral (intermediate) cancellation of an agreement by the Counterparty is only possible if the agreement provides for such. If an agreement is cancelled or rescinded, the amounts owed by the client at the moment of cancellation or rescission to AMÉLYPH will continue to be owed in full and becomes immediately exigible. The Counterparty will owe interest and costs in accordance with the provisions of these general conditions, without prejudice to the right of AMÉLYPH to demand compensation of damage and to the other rights falling to AMÉLYPH.
- Without prejudice to what is stipulated in the other sections of this article, AMÉLYPH has the right, in the event data and information required for the implementation of the agreement are not, not completely, not timely provided, or not in the right form, to AMÉLYPH, or if the Counterparty otherwise is not compliant with its obligations, to suspend or discontinue the implementation of the agreement, or in sufficiently grave cases to cancel and/or rescind the agreement. In such case, the Counterparty will, without prejudice to the right of AMÉLYPH to compensation of damage, in any case owe to AMELYPH the applicable fee for what has already been conducted for the implementation of the agreement, while AMÉLYPH in such case will furthermore have the right to apply additional charges relative to its customary rates.
- AMÉLYPH operates in accordance with the General Data Protection Regulation (in the following: GDPR) and only collects the personal data for which it has grounds to process. In addition, AMÉLYPH will exert itself to comply with all relevant legislation and regulations regarding the processing of personal data. AMÉLYPH will not process more personal data than what is necessary for the purpose for which it must process the personal data.
- AMÉLYPH procures sufficient organisational and technical security measures for an adequate security level of the personal data provided to it. The Counterparty can obtain information from AMÉLYPH regarding the technical and organisational measures that were taken.
- Also in case of the deployment of third parties, AMÉLYPH imposes the obligation on the third parties deployed by it to comply with the GDPR and – to the extent necessary – it creates additional safeguards to be able to realize the security of the personal data.
- Without permission, no personal data is shared with parties outside the EEA, unless AMÉLYPH is legally obliged to do so or in the event AMÉLYPH has permission for the processing of personal data outside the EEA, or in one of the situations in which the GDPR expressly allows such.
- AMÉLYPH makes clear arrangements with possible processors regarding the processing of personal data.
- To the extent despite the organisational and technical measures taken a loss of personal data occurs (a security incident), AMÉLYPH timely informs all relevant parties.
- AMÉLYPH will exert itself to minimise damage as a result of a security incident (data leak) and to the extent possible, make it undone.
- A security incident (data leak) does not relieve the Counterparty of its obligations from the agreement with AMÉLYPH, unless the Counterparty can prove and/or render plausible that there is a situation of gross fault or negligence on the part of AMÉLYPH.
- Security incidents (data leaks) that have occurred at one of the third parties deployed by AMÉLYPH must be reported to AMÉLYPH within 12 hours after discovery of the security incident (data leak), on pain of liability for the security incident and the consequences thereof. All relevant information regarding the security incident (data leak) must thereby be reported to AMÉLYPH.
- AMÉLYPH will keep personal data no longer than necessary for the handling of the requests as well as for the proper administrative and financial processing of the requests of the Counterparty. Personal data will be kept longer if the Counterparty grants express permission for a longer retention period or is able to present the express consent of the data subject and the personal data is kept longer if the Counterparty is bound to observe a longer retention period pursuant to legal provisions.
- On grounds of GDPR, the Counterparty of AMÉLYPH has the right to peruse their personal data, the right to change personal data, the right to be forgotten, the right to data portability, and the right to information. The Counterparty of AMÉLYPH can exercise the rights referred to above in the manner as indicated in the privacy statement of AMÉLYPH. If clients of the Counterparty wish to exercise their privacy rights, then AMÉLYPH will transmit such requests to the Counterparty.
14. Disputes and applicable law
- To all offers, agreements, and deliveries made or issued, entered into, conducted or executed by or on behalf of AMÉLYPH, Brielle, Netherlands legislation is applicable.
- All disputes, also including those only considered such by one party, that flow from or are related to an agreement to which these general conditions are applicable or the implementation thereof and that cannot be resolved amicably, will be settled by the Court of Law in Brielle as the court of first instance, under the proviso that if a certain court has been designated as competent pursuant to mandatory law, the dispute will be settled by the court thus designated as the court of first instance, and all matters without prejudice to the right of AMÉLYPH to place attachments and to take or have taken other preliminary measures in those places and before those judicial institutions where it appears desirable to AMÉLYPH.
SPECIAL PROVISIONS REGARDING THE CONSUMER
In this chapter is intended by:
- “Buyer”: the Consumer.
- “Consumer”: every natural person who does not act from the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
- “agreement”: the Distance Agreement as intended in article 2 section 1 sub c.
15. THE OFFER
- All offers are valid for 14 calendar days, unless it is expressly evinced otherwise by the offer. The offer lapses legally if it is not accepted by the Consumer within the established term.
- The offer contains a description with the greatest possible detail of the products offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. Apparent mistakes or apparent errors in the offer do not bind AMÉLYPH.
- If AMÉLYPH makes use of pictures, these are a faithful depiction of the products offered. AMÉLYPH has done everything it can to render the colours and pictures of the products as accurately as possible. AMÉLYPH cannot guarantee that the depiction of any colour whatsoever at the Consumer is correct.
- Each offer contains such information that it is clear for the Consumer what rights and obligations he has if he proceeds to accept the offer.
16. Adoption agreement
- The agreement is adopted at the moment of acceptance of the offer by the Consumer and when the conditions thereby established have been met.
- If the Consumer has accepted the offer through electronic channels, AMÉLYPH forthwith confirms through electronic channels the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by AMÉLYPH, the Consumer can rescind the agreement.
- It is permitted to AMÉLYPH to establish additional conditions for the implementation of the order and/or delivery of the products. Such additional conditions must be communicated forthwith and clearly to the Consumer.
- AMÉLYPH takes appropriate organisational measures to secure the electronic transmission of personal data and other relevant information of the Consumer that the Consumer fills out upon ordering through the web shop. AMÉLYPH takes care of the availability of a safe internet- and web-environment.
- Upon confirming the receipt of the acceptance of the Consumer, AMÉLYPH sends along the following information, in writing or in such a manner that it can be stored in an accessible way by the Consumer and on a durable information carrier:
- The e-mail address of AMÉLYPH that the Consumer can address for complaints or other questions regarding the order;
- The conditions under and the manner in which the Consumer can exercise the right of revocation, or otherwise a clear statement concerning the right of revocation being excluded, as well as the inclusion of a standard form for revocation;
- The information on guarantees and available service after ordering;
- The price of the product including the applicable tax rate;
- To the extent applicable, the shipping costs;
- The mode of payment, shipping, or implementation of the Distance Agreement.
17. The price
- All prices of products listed by AMÉLYPH always are subject to printing and typing errors and for consumers inclusive of VAT. It applies for retailers that the prices of products are exclusive of VAT.
- The prices listed in the offer at the moment of ordering are the valid final prices.
- Prices of products can be periodically indexed again.
- The prices of products within the term of an offer are not increased, unless AMÉLYPH is confronted with legal modifications and increases, such as an increase of VAT rates.
- The following modes of payment are offered by AMÉLYPH: Ideal and PayPal.
- All products are paid forthwith upon making the order by the Consumer by way of the available payment modes.
- The Consumer is under the obligation to report without delay any possible inaccuracies in payment information provided or stated to AMÉLYPH.
- If the Consumer does not timely fulfil his payment obligation(s), he will be declared in default by AMÉLYPH and given the opportunity to still proceed with payment within 14 days.
- If the Consumer, after he has been declared in default in conformity with section 6 of article 7 of these general conditions, has not yet paid the invoices within the 14 additional days, the Consumer owes the statutory interest over the amount still due. AMÉLYPH additionally has the right to bill the extrajudicial collection costs incurred by him. These extrajudicial collection costs are determined by law and amount to a minimum of €40.
19. Delivery products
- The place of delivery is the address the Consumer has submitted to AMÉLYPH upon ordering.
- If delivery is delayed or if an order cannot or can only partially be carried out, AMÉLYPH notifies the Consumer concerning. The Consumer must declare the default of AMÉLYPH in writing, whereby a reasonable term of at least 10 business days is granted to still deliver the products ordered. In case AMÉLYPH does not proceed with delivery within this term, the Consumer has the right to rescind the agreement free of charges and to receive a refund for the amount the Consumer has already paid.
- AMÉLYPH is not bound by a delivery term that due to circumstances outside its control can no longer be met.
20. Right of revocation
- The Consumer can rescind an agreement regarding the purchase of a product during a reflection period of 14 days following receipt without stating grounds. AMÉLYPH may ask the Consumer for the reasons for revocation, but the Consumer is not obliged to state a reason.
- The reflection period referred to in the preceding section enters into effect on the day after the Consumer, or a third party previously designated by the Consumer who is not the forwarder, has received the product, or:
- If the Consumer has ordered several products on the same order: the day on which the Consumer or a third party designated by him has received the last product. AMÉLYPH may, on condition it has informed the Consumer in a clear manner prior to the order process concerning, refuse an order of several products with varying delivery times or orders of products that are no longer in stock;
- If the delivery of a product consists of various shipments or components: the day on which the Client or a third party designated by him has received the last shipment or the last component;
- If AMÉLYPH has not provided the Consumer with the legally obligatory information regarding the right of revocation, as attached to these General Conditions as appendix 4, the reflection period ends twelve months after the end of the original reflection period as established in accordance with the preceding sections of this article. Upon provision of this information within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the Consumer has received that information.
- It is not permitted to the Consumer to revoke the agreement if:
- The products have been worn, used, or altered in any manner;
- The price tags and/or labels have been removed from the products;
- The products no longer have the hygienic strip or other type of sealing.
A condition for this is that AMÉLYPH has stated these exclusions from the right of revocation clearly and timely before conclusion of the agreement.
21. Obligations of consumer during the reflection period
- During the reflection period, the Consumer will handle the product and the packaging with care. He will only unwrap or use the product to the extent necessary to determine the nature and characteristics of the product. The principle thereby is, that the Consumer may only handle and inspect the product as he would at a store. The Buyer who is a Consumer may try on the products with due regard for hygiene. It is prohibited to the Consumer to engage in activities with the products, such as walking, swimming, washing (with) the bikini (on), sports, going to the beach, and activities that are reasonably in line with the aforementioned activities.
- It is not permitted to the Consumer to remove price tags, labels, and/or hygienic strips when trying on the products.
- The Consumer is only liable for the reduction of value of the product that is the result of a manner of handling that goes beyond what is permitted in section 1 or in the event of conduct in violation of section 2.
- The Consumer is not liable for the reduction of value of the product if AMÉLYPH has not provided him with all legally obligatory information concerning the right of revocation before or upon adoption of the agreement.
22. EXERCISE OF THE RIGHT OF REVOCATION BY THE CONSUMER AND THE COSTS THEREOF
- If the Consumer exercises his right of revocation, he communicates such within the reflection period by sending an e-mail to firstname.lastname@example.org from the same e-mail address that was used for the order, specifying RETURN #order number and/or by way of the standard form for revocation or in another unambiguous manner to AMÉLYPH and/or by filling out the order number in mail ‘return manager’ of AMÉLYPH.
- As soon as possible, but within 14 days as from the day following the report intended in section 1, the Consumer sends back the product. The Consumer has observed the return shipping term in any event if he sends back the product before the reflection period has expired.
- The product must be sent back in its original state and in the original packaging, including all accessories.
- The Consumer makes sure that all reasonable and clear instructions as were provided by AMÉLYPH were followed when sending back the product.
- The risk and the burden of proof for the correct and timely exercise of the right of revocation lies with the Consumer.
- The Consumer bears the direct costs of sending back the product.
23. obligations of Amélyph in case of revocation
- If AMÉLYPH enables the reporting of a revocation by the Consumer in an electronic manner, it sends a confirmation of receipt immediately upon receipt of such report. Also in the event AMÉLYPH has received the product, it reports such to the Consumer while specifying the term for the refunding of the product.
- AMÉLYPH refunds all payments of the Consumer, including any possible shipping costs (and not the costs for the return shipment) if all products are sent back, without delay though within 14 days following the day that the Consumer reports the revocation to them. AMÉLYPH may wait with refunding until they have received the product back or until the Consumer proves that he has sent back the product, depending on what moment occurs sooner.
- AMÉLYPH uses the same mode of payment for the refund that the Consumer used, unless the Consumer agrees with another method. The refund is free of charges for the Consumer. If the Consumer paid through Klarna, the sum for the returned product is credited. How long it takes before the money is on the account of the Consumer depends on the payment provider that the Consumer made use of upon purchasing.
- If the Consumer has selected a more expensive delivery method than the cheapest standard method, AMÉLYPH does not have to refund the additional costs for the more expensive method.
ALL OUR PREORDERS ARE CUSTOM MADE TO AVOID GENERATING OVERSTOCKS AND MORE WASTE TO OUR BELOVED PLANET.
THIS IS WHY THE PREORDER SHIPPING WILL TAKE UP TO 2-4 WEEKS AND THEY WILL BE ONLY MADE FROM A MINIMUM OF 10 PIECES, THEREFOR IT COULD TAKE LONGER AS THE PROMISED 2-4 WEEKS. IF YOU PLACE A PREORDER WE WILL SEND YOU UPDATES FROM THE PROCES.