General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any medium that enables the consumer or trader to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, where, up to and including the conclusion of the contract, 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 contract without the consumer and trader being simultaneously present in the same place;
General Terms and Conditions: the present General Terms and Conditions of the trader.

Article 2 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between trader and consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, that the general terms and conditions are available for inspection at the trader’s premises and will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically, and that they will be sent electronically or otherwise free of charge at the consumer’s request.

In cases where, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favourable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the agreement and these terms and conditions shall remain in full force and effect, and the void or annulled provision shall be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of these terms must likewise be interpreted “in the spirit” of these general terms and conditions.

Article 3 – The Offer

If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The trader is entitled to modify or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The trader cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer contains sufficient information so that the consumer clearly understands the rights and obligations attached to accepting the offer. This includes in particular:

the price, excluding customs clearance fees and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply the special arrangement for postal and courier services in relation to imports. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (possibly together with any clearance fees charged) from the recipient of the goods;
any shipping costs;
the manner in which the agreement will be concluded and the necessary actions for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period during which the trader guarantees the price;
the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer can check and, if desired, correct the data provided within the context of the agreement before concluding it;
any other languages besides Dutch in which the agreement may be concluded;
the codes of conduct the trader has committed to and the way in which the consumer can consult these codes electronically; and
the minimum duration of the distance contract in the case of a continuing performance contract.

Optional: available sizes, colours, types of materials.

Article 4 – The Agreement

Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of acceptance of the offer electronically. As long as the trader has not confirmed this receipt, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer is able to make electronic payments, the trader shall observe appropriate security measures for this purpose.

The trader may, within legal limits, obtain information about whether the consumer can meet payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the trader has sound reasons not to enter into the agreement, they are entitled to refuse an order or application, stating reasons, or to attach special conditions to the execution.

The trader shall send the consumer the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, together with the product or service:

the physical address of the trader’s establishment where the consumer can lodge complaints;
the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales services;
the data included in Article 4 paragraph 3 of these conditions, unless the trader has already provided these to the consumer before the execution of the agreement;
the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Each agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without stating any reasons within 14 days. This reflection period begins on the day after the consumer, or a representative previously designated by the consumer and known to the trader, has received the product.

During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product, including all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days after receiving the product. The consumer must make this notification in writing or by email. After notifying the trader, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example, by providing proof of shipment.

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

Article 6 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs shall be borne by the consumer.

If the consumer has already made a payment, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The trader may withhold the refund until the product has been received or until the consumer has provided conclusive proof of the return, whichever occurs first.

Article 7 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.

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

that have been created by the trader according to the consumer’s specifications;
that are clearly of a personal nature;
that, by their nature, cannot be returned;
that can spoil or age rapidly;
whose price is subject to fluctuations on the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.

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

relating to accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
where the performance has begun with the explicit consent of the consumer before the reflection period has expired;
relating to betting and lotteries.

Article 8 – The Price

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

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market, over which the trader has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are guide prices shall be stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the right to terminate the agreement from the day on which the price increase takes effect.

The place of delivery, pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968, is the country where the transport begins. In this case, delivery takes place outside the EU. Accordingly, the postal or courier service will charge import VAT and/or clearance costs to the customer. Therefore, no VAT will be charged by the trader.

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

Article 9 – Identity of the Trader

Company name: Geovari
Business address: De Josselin de Jongstraat 92
Email: info@geovari.com
Chamber of Commerce number (KvK): 98729632
VAT identification number: NL004574203B16

Article 10 – Conformity and Warranty

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

Any warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Returned products must be in their original packaging and in new condition.

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

The warranty does not apply if:

the consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
the delivered products have been exposed to abnormal conditions, have been handled carelessly, or have been used contrary to the trader’s instructions and/or those on the packaging;
the defect is wholly or partly the result of regulations prescribed or to be prescribed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The trader shall take the utmost care when receiving and executing orders for products.

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

Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders promptly, but no later than 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer shall be notified no later than 30 days after the order was placed. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to possible compensation.

In the event of dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly stated that a replacement item is being supplied. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the trader.

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

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

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

The consumer may terminate a fixed-term agreement that provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be restricted to termination at a specific time or during a specific period;
at least in the same way as they were entered into by the consumer;
always with the same notice period as the trader has stipulated for themselves.

Renewal
A fixed-term agreement that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Contrary to the previous paragraph, a fixed-term agreement that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, if the consumer can terminate this extended agreement at the end of the renewal with a notice period of no more than one month.

A fixed-term agreement that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of an agreement providing for regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically end after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may 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 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.

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

In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the consumer any reasonable costs that were communicated in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the trader within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

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

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

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

Article 15 – Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and reinforced as of 2024 under the "Act Amending the Dutch Turnover Tax Act 1968 (Act for the Implementation of the Payment Services Directive)" and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transaction data in the European CESOP system.