Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional Agreement:
An agreement in which the consumer acquires products, digital content and/or services in connection with a distance contract, and these are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur.

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

Consumer:
The natural person who is not acting for purposes related to trade, business, craft, or profession and who enters into an agreement with the entrepreneur.

Day:
Calendar day.

Digital Content:
Data that is produced and supplied in digital form.

Continuing Performance Contract:
An agreement relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time.

Durable Data Carrier:
Any medium 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, including email.

Right of Withdrawal:
The option for the consumer to cancel the distance contract within the cooling-off period.

Model Form:
The withdrawal form provided by the entrepreneur that the consumer may fill in when they wish to exercise their right of withdrawal.

Entrepreneur:
The natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance.

Distance Contract:
An agreement concluded within the framework of a system organized by the entrepreneur for distance sales of products and/or services, where up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication.

Means of Distance Communication:
A method that can be used for concluding a distance contract without the consumer and entrepreneur being together in the same place at the same time.

General Terms and Conditions:
These present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name (registered name, possibly including trade name):
www.luvani.uk

Business address: 71-75 Shelton Street, Covent Garden, London (not a visiting address)

Email address: info@luvani.uk

Company number: 16265337
VAT identification number:

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the 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 entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where they can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

If specific product or service conditions apply in addition to these general terms, the second and third paragraphs apply accordingly, and the consumer can always invoke the provision most favorable to them in case of conflicting terms.

If any provision of these general terms and conditions is null and void or annulled at any time, the remaining provisions will remain in force, and the void or annulled provision will be replaced by a new one that reflects the original intent as closely as possible.

Situations not covered by these terms shall be assessed according to the spirit of these terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions shall be explained in the spirit of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
All offers by the entrepreneur are non-binding and may be adjusted or changed at any time.

The entrepreneur’s offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough for the consumer to properly assess the offer. If the entrepreneur uses images, these are intended to truthfully represent the offered products and/or services.
However, the entrepreneur cannot guarantee that the displayed colors will exactly match the real colors of the products.

Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer contains information that makes it clear to the consumer what rights and obligations are connected to accepting the offer, such as:

• The total price including taxes;

• Any additional shipping costs;

• How the agreement will be concluded and what steps are required;

• Whether a right of withdrawal applies;

• Payment, delivery, and performance terms;

• The minimum duration of the agreement if it involves a continuous performance contract.

Article 5 – The Agreement

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

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of that acceptance electronically. As long as the entrepreneur has not confirmed receipt, the consumer may cancel the agreement.

When an agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the secure transfer of data and provide a safe web environment. If the consumer can pay electronically, the entrepreneur will use appropriate security measures.

The entrepreneur may, within legal limits, check whether the consumer can meet their payment obligations and gather relevant facts and factors important for responsibly entering into a distance contract. If the entrepreneur has good grounds not to enter the agreement, they are entitled to refuse an order or attach special conditions to its performance.

The entrepreneur will send the consumer the following information, in writing or in a form that can be stored on a durable data carrier, no later than at delivery of the product or service:

• The business address where the consumer can submit complaints;

• The conditions and procedure for exercising the right of withdrawal, or a clear statement if withdrawal is excluded;

• Information on warranties and after-sales service;

• The price including taxes and delivery costs;

• The payment and delivery methods;

• The requirements for canceling the contract if it is of indefinite or longer duration;

• The model withdrawal form (if applicable).

For continuous performance contracts, the above applies only to the first delivery.

Article 6 – Right of Withdrawal

For Product Deliveries

The consumer has the right to cancel the purchase within 14 days without giving any reason.
This cooling-off period starts on the day the consumer—or a third party designated by the consumer—receives the product.

During this period, the consumer must handle the product and packaging carefully and only unpack or use it as necessary to determine the nature, characteristics, and functioning of the product. If the consumer exercises the right of withdrawal, they must return the product with all accessories and, if reasonably possible, in its original condition and packaging, following the reasonable instructions provided by the entrepreneur.

Certain hygiene products cannot be returned or refunded due to health protection reasons. This includes (but is not limited to):
Underwear, bikinis, make-up, hair styling products, and beauty products.

If multiple products are ordered in one order, the 14-day cooling-off period starts when the last product is received.
If the product consists of several parts or shipments, the period begins when the last part is received.
For recurring deliveries (e.g., subscriptions), the period starts after the first delivery.

For Services and Digital Content

For service agreements or digital content not supplied on a physical medium, the consumer may cancel within 14 days from the day after the agreement was made, without giving any reason.

If the entrepreneur fails to provide the legally required information about the withdrawal right or the withdrawal form, the withdrawal period ends 12 months after the original 14-day period.
Once the required information is provided, the 14-day withdrawal period restarts from the day the consumer receives it.

How to Withdraw

To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days after receiving the product by using the model withdrawal form or another clear statement.
After notification, the consumer must return the product within 14 days. The consumer must provide proof of timely return, for example with a shipping receipt.

Article 7 – Costs of Exercising the Right of Withdrawal

If the consumer exercises the right of withdrawal, they are responsible only for the cost of returning the product.
The entrepreneur will refund the full purchase amount, including any standard delivery costs, as soon as possible and no later than 14 days after receiving the withdrawal notice, provided that the returned goods have been received or the consumer has supplied proof of return.

Refunds will be made using the same payment method the consumer used, unless otherwise agreed.
Any loss in value resulting from careless handling of the product will be borne by the consumer.
If the entrepreneur has not provided all legally required information about the right of withdrawal, no such reduction in refund can be applied.

Article 8 – Exclusion of the Right of Withdrawal

Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer or before the agreement was concluded.

The right of withdrawal cannot be exercised for the following products:

1. Products made according to the consumer’s specifications or clearly personalized.

2. Products that can spoil or age quickly.

3. Products whose price depends on financial market fluctuations beyond the entrepreneur’s control.

4. Newspapers or magazines.

5. Sealed audio/video recordings or computer software where the seal has been broken.

6. Hygiene products where the seal has been broken — these cannot be returned or refunded, especially under current health and safety regulations (e.g., COVID-19).
   Examples include underwear, bikinis, make-up, hair styling, and beauty products.

The right of withdrawal also does not apply to services involving:

• Accommodation, transport, restaurant, or leisure activities to be carried out on a specific date or during a specific period;

• Services that begin with the consumer’s express consent before the cooling-off period has expired;

• Betting and lottery services.

Article 9 – Price

During the validity period stated in the offer, the prices of products and/or services will not increase, except for changes due to VAT adjustments or other legal changes.

However, the entrepreneur may offer variable prices for products or services whose prices depend on fluctuations in the financial market that are beyond the entrepreneur’s control. This link to market fluctuations will be clearly stated in the offer.

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

1. They are the result of legal or regulatory changes; or

2. The consumer has the right to cancel the contract as of the day the price increase takes effect.

All prices include VAT.
The entrepreneur is not responsible for printing or typographical errors.
Special import duties or customs clearance costs are not included and remain the responsibility of the consumer.

Article 10 – Warranty and Conformity

The entrepreneur guarantees that the delivered products and/or services comply with the agreement, the specifications listed in the offer, reasonable standards of quality and usability, and any applicable legal requirements at the time of delivery.

If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights.

Any defects or incorrect deliveries must be reported to the entrepreneur in writing within 4 weeks after delivery. Returns must be made in the original packaging and in new condition.

The warranty does not apply if:

1. The consumer has repaired or modified the product themselves or had a third party do so;

2. The product has been exposed to abnormal conditions, treated carelessly, or used contrary to the instructions;

3. The defect was caused (wholly or partly) by regulations or requirements issued by the government concerning materials or production.

Hygiene products cannot be returned or refunded, especially due to current health safety measures (e.g., COVID-19).
This includes, but is not limited to: underwear, bikinis, make-up, hair styling, and beauty products.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.

The delivery address is the address provided by the consumer to the entrepreneur.

Accepted orders will be executed as soon as possible, but no later than 30 days after confirmation, unless a longer delivery period has been agreed upon.
If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be informed within 30 days after placing the order.
In such cases, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to compensation.

All delivery periods are indicative. Exceeding a delivery time does not entitle the consumer to compensation.
If the agreement is canceled in accordance with the above, the entrepreneur will refund all payments within 14 days after cancellation.

If delivery of an ordered product is impossible, the entrepreneur will make every effort to supply a replacement product.
The consumer will be clearly informed before delivery that a replacement item is being sent.
The right of withdrawal remains applicable to replacement products.
Return shipping costs for replacement items are borne by the entrepreneur.

The risk of damage or loss of products rests with the entrepreneur until the product is delivered to the consumer or a third party designated by the consumer, unless otherwise expressly agreed.

Article 12 – Duration Contracts: Term, Termination, and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period, which provides for the regular supply of products or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.

A fixed-term contract that provides for regular supply of products or services may be terminated by the consumer at the end of the agreed term, with a notice period of no more than one month.

The consumer can:

1. Terminate such agreements at any time and not only at specific times or periods;

2. Terminate them in the same way they were entered into;

3. Always terminate with the same notice period the entrepreneur applies to themselves.

Renewal

A fixed-term contract for the regular supply of products or services may not be automatically renewed or extended for a fixed term.

Exceptions:

• A contract for the regular supply of daily, news, or weekly newspapers and magazines may be automatically extended for a maximum of three months, provided the consumer can terminate at the end of the extension with a notice period of no more than one month.

• A contract for regular but less than monthly deliveries may be renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month (or three months for periodicals delivered less than once a month).

• Trial or introductory subscriptions end automatically after the trial period and are not automatically renewed.

Duration

If an agreement has a duration of more than one year, the consumer may cancel it at any time after one year with a notice period of no more than one month, unless early termination is unreasonable.

Article 13 – Payment

Unless otherwise agreed, payments must be made within 7 working days after the start of the withdrawal period as referred to in Article 6 paragraph 1.
In the case of a service agreement, this period begins after the consumer receives the order confirmation.

The consumer must promptly report any inaccuracies in provided or stated payment details to the entrepreneur.

In case of non-payment, the entrepreneur has the right—within legal limits—to charge reasonable costs previously communicated to the consumer.

Accepted payment methods include:
Credit Card (AMEX, Mastercard, Maestro, Visa), PayPal

Article 14 – Complaints Procedure

The entrepreneur has a clearly publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted promptly, clearly described, and in writing to the entrepreneur after the consumer has discovered the defect.

Complaints will be answered within 14 days from the date of receipt.
If a complaint requires a longer processing time, the entrepreneur will acknowledge receipt within 14 days and indicate 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 settlement rules below.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Model Withdrawal Form

(Only fill out and return this form if you wish to withdraw from the agreement.)

To:
Company Name: ________________________
Address: _____________________________
Postal Code & City: ___________________
Email: _______________________________
Phone Number: ________________________

I/We () hereby inform you that I/We () withdraw from our agreement regarding the purchase of the following goods / the provision of the following service (*):

• Ordered on (DD-MM-YYYY): ____________________

• Order number: ____________________

• Received on (DD-MM-YYYY): ____________________

• Name(s) of consumer(s): ____________________

• Address of consumer(s): ____________________

• IBAN account number: ____________________

• Signature of consumer(s) (only if this form is submitted on paper): ____________________

• Date (DD-MM-YYYY): ____________________

(*) Delete as applicable.