General Terms and Conditions

  • Definitions

    1. Lovetrigger: Lovetrigger BV, established in Baarn under Chamber of Commerce no. 83191240.
    2. Customer: the person with whom Lovetrigger has entered into an agreement.
    3. Parties: Lovetrigger and Customer together.
    4. Consumer: a Customer who is also an individual and who acts as a private person.

    Applicability of general terms and conditions

    1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Lovetrigger.
    2. Parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
    3. Parties expressly exclude the applicability of additional and/or different general terms and conditions of the Customer or third parties.

    Prices

    1. All prices charged by Lovetrigger are in Euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated or agreed otherwise.
    2. All prices used by Lovetrigger for its products, on its website or otherwise made known, may be changed by Lovetrigger at any time.
    3. Increases in the cost prices of products or parts thereof which could not be foreseen by Lovetrigger at the time the offer was made or the agreement concluded may give rise to price increases.
    4. The Consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is a result of a statutory regulation.

    Payments and payment term

    1. Lovetrigger may require a down payment of up to 50% of the agreed amount when entering into the agreement.
    2. The customer must have made subsequent payments within 14 days of delivery.
    3. Payment terms are considered final payment terms. This means that if the customer has not paid the agreed amount by the last day of the payment term, he will be in default by operation of law, without Lovetrigger having to send a reminder or give notice of default to the customer.
    4. Lovetrigger reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

    Follows failure to pay on time

    1. .If the Customer fails to pay within the agreed period, Lovetrigger will be entitled to charge the statutory interest rate of 2% per month for non-commercial transactions and the statutory interest rate of 8% per month for commercial transactions from the day the Customer is in default, with part of a month being counted as a whole month.
    2. When the Customer is in default, he will also owe Lovetrigger extrajudicial collection costs and any damages.
    3. The collection costs will be calculated in accordance with the Decree on the reimbursement of extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
    4. If the Customer fails to pay on time, Lovetrigger may suspend its obligations until the Customer has fulfilled its payment obligations.
    5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims of Lovetrigger against the customer will be immediately due and payable.
    6. If the Customer refuses to cooperate with Lovetrigger in the execution of the agreement, he will still be obliged to pay Lovetrigger the agreed price.

    Right of Recourse

    1. As soon as the Customer is in default, Lovetrigger is entitled to invoke the right of recourse with respect to the unpaid products delivered to the Customer.
    2. Lovetrigger will invoke the right of complaint by means of a written or electronic communication.
    3. As soon as the Customer has been informed of the invoked right of complaint, the Customer must immediately return to Lovetrigger the products to which this right relates, unless the parties agree otherwise.
    4. The costs of retrieving or bringing back the products will be borne by the Customer.

    Right of Withdrawal

    1. A consumer may dissolve an online purchase during a 14-day cooling-off period without giving any reason provided that:
    • the product has not been used
    • it is not a product that can spoil quickly, such as food or flowers
    • .it is not a product that has been custom made or altered specifically for the consumer
    • it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
    • the seal is still intact, if it is data carriers with digital content (DVDs, CDs, etc.)
    • the product or service does not concern accommodation, travel, restaurant business, transport, catering order or a form of leisure activity
    • the product is not a loose magazine or loose newspaper
    • the consumer has not waived his right of withdrawal
    1. The cooling-off period of 14 days as mentioned in paragraph 1 starts
      • on the day after the consumer has received the last product or part of 1 order
      • as soon as the consumer has confirmed that he will purchase digital content via the Internet
    2. the consumer can make his appeal to the right of withdrawal known via info@lovetrigger.nl, if desired by using the withdrawal form that can be found via the website of Lovetrigger, www.
    3. The Consumer is obliged to return the product to Lovetrigger within 14 days after making known his right of withdrawal, failing which his right of withdrawal will expire.

    Remuneration of delivery costs

    1. .If the Consumer has exercised his/her right of withdrawal in a timely manner and as a result has returned the complete order to Lovetrigger in a timely manner, Lovetrigger will refund any shipping costs paid by the Consumer within 14 days of receiving the timely and complete returned order.
    2. The cost of delivery will be borne by Lovetrigger only to the extent that the entire order is returned.

    Return cost reimbursement

    If the Consumer invokes his/her right of withdrawal and returns the complete order in a timely manner, the cost of returning the complete order will be borne by the Consumer.

    Suspension right

    Unless Customer is a consumer, Customer waives the right to suspend performance of any obligation under this Agreement.

    Retention

    1. Lovetrigger may invoke its right of retention and in such case may retain products of the Customer until the Customer has paid all outstanding charges against Lovetrigger, unless the Customer has provided adequate security for such charges.
    2. The lien will also apply under prior agreements from which the Customer still owes payments to Lovetrigger.
    3. Lovetrigger will never be liable for any damages that the Customer may suffer as a result of exercising its lien.

    Settlement

    Unless the Customer is a consumer, the Customer waives its right to set off any debt owed to Lovetrigger against any claim against Lovetrigger.

    Reservation of ownership

    1. Lovetrigger will remain the owner of all products delivered until the customer has fully satisfied all of his payment obligations to Lovetrigger under whatever agreement entered into with Lovetrigger, including claims for failure to perform.
    2. In the meantime, Lovetrigger may invoke its retention of title and take back the items.
    3. Before ownership has passed to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products.
    4. If Lovetrigger invokes its retention of title, the agreement will be deemed to have been dissolved and Lovetrigger will be entitled to claim damages, lost profits and interest.

    Delivery

    1. Delivery will take place while stocks last.
    2. Delivery of products ordered online will take place at the address indicated by the Customer.
    3. If the agreed amounts are not paid or not paid on time, Lovetrigger is entitled to suspend its obligations until the agreed part is paid.
    4. In the event of late payment, there will be a creditor’s default, with the result that the customer will not be able to hold a late delivery against Lovetrigger.

    Delivery time

    1. The delivery times given by Lovetrigger are indicative and, if exceeded, will not entitle the Customer to rescind or claim damages, unless the parties have expressly agreed otherwise in writing.
    2. The delivery period will commence at the moment that the Customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Lovetrigger.
    3. Exceeding the given delivery time does not entitle the Customer to any compensation or the right to cancel the agreement, unless Lovetrigger cannot deliver within 14 days after having been notified in writing or if the parties have agreed otherwise.

    Transportation costs

    Transportation costs will be borne by the Customer, unless the parties have agreed otherwise.

    Packaging and shipping

    1. If the packaging of a product delivered has been opened or damaged, the Customer must, before accepting delivery of the product, have the shipper or delivery person make a note of this, failing which Lovetrigger cannot be held liable for any damage.
    2. If the Customer is responsible for transporting a product, he must report any visible damage to the products or the packaging to Lovetrigger prior to transport, failing which Lovetrigger will not be held liable for any damage.

    Storage

    1. If the Customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality will be borne entirely by the Customer.
    2. Any additional costs resulting from early or late acceptance of products will be borne entirely by the customer.

    Guarantee

    1. The warranty on products applies only to defects caused by faulty workmanship, construction, or materials.
    2. The warranty does not apply in the case of normal wear and tear and of damage caused by accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
    3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the customer at the time at which they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

    Exchange

    1. Exchanging purchased items is possible only if the following conditions are met:
    • exchanges are made within 14 days of purchase upon presentation of the original invoice
    • the product is returned in its original packaging c.the product has not been used yet
    1. Discounted items, nondurable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged.

    Warranty

    The Customer indemnifies Lovetrigger against any third party claims related to the products and/or services supplied by Lovetrigger.

    Complaints

    1. The Customer must examine a product or service supplied by Lovetrigger as soon as possible for any shortcomings.
    2. If a product delivered or a service rendered does not meet the expectations that the Customer may reasonably have under the agreement, the Customer must notify Lovetrigger as soon as possible, but in any case within 1 month after discovery of the defects. After this period Lovetrigger may still decide to compensate for any damage or take back and refund the product which is the subject of the complaint.
    3. The Customer must provide as detailed a description as possible of the shortcoming, so that Lovetrigger will be able to respond adequately.
    4. The Customer must demonstrate that the complaint relates to an agreement between the parties.

    Default notification

    1. The Customer must give Lovetrigger written notice of default.
    2. It is the Customer’s responsibility that a notice of default actually reaches Lovetrigger (in a timely manner).

    LiabilityLovetrigger

    1. Lovetrigger will only be liable for any damage suffered by the Customer if and to the extent that such damage was caused by intent or conscious recklessness.
    2. If Lovetrigger is liable for any damages, it will only be liable for direct damages arising out of or related to the performance of an agreement.
    3. Lovetrigger will never be liable for indirect damages, such as consequential damages, lost profits, lost savings, or damages to third parties.
    4. If Lovetrigger is liable, this liability will be limited to the amount paid out by a (professional) liability insurance taken out, and in the absence of (full) payment by an insurance company of the damage amount, the liability will be limited to the (part of the) invoice amount to which the liability relates.
    5. All images, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and apply only approximately and can not be a reason for damages and / or (partial) dissolution of the agreement and / or suspension of any obligation.

    Term of validity

    Any right of the Customer to compensation from Lovetrigger will in any case expire 12 months after the event from which the liability directly or indirectly arose. This does not exclude the provisions of Article 6:89 of the Civil Code.

    Right of rescission

    1. The Customer is entitled to rescind the agreement if Lovetrigger fails imputably in the fulfilment of its obligations, unless this failure does not justify rescission due to its special nature or minor importance.
    2. If Lovetrigger’s compliance with its obligations is not permanently or temporarily impossible, dissolution can only take place after Lovetrigger has been in default.
    3. Lovetrigger is entitled to dissolve the agreement with the Customer if the Customer fails to comply with his obligations under the agreement in full or in time, or if Lovetrigger has knowledge of circumstances giving it good reason to fear that the Customer will not be able to comply with his obligations properly.

    Force majeure

    1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Lovetrigger to comply with any obligation towards the Customer cannot be attributed to Lovetrigger in a situation independent of the will of Lovetrigger, as a result of which the fulfilment of its obligations towards the Customer is wholly or partly prevented or as a result of which the fulfilment of its obligations cannot reasonably be required from Lovetrigger.
    2. The circumstances of force majeure as referred to in paragraph 1 will also include, but will not be limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, Internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work interruptions.
    3. If a force majeure situation occurs that prevents Lovetrigger from meeting 1 or more obligations to the Customer, those obligations will be suspended until Lovetrigger can meet them again.
    4. From the moment that a force majeure situation has lasted for at least 30 calendar days, either party may dissolve the agreement in writing, either wholly or partially.
    5. Lovetrigger shall not be liable for any compensation or damages in a force majeure situation, even if it receives any benefit as a result of the force majeure situation.

    Modification of the Agreement

    1. If, after the Agreement has been concluded for its execution, it appears necessary to modify or supplement its contents, the parties shall, in good time and in mutual consultation, amend the Agreement accordingly.
    2. The preceding paragraph does not apply to products purchased in a physical store.

    Modification of general conditions

    1. Lovetrigger is entitled to modify or supplement these general conditions.
    2. Modifications of minor importance may be made at any time.
    3. Large substantive changes will be discussed with the Customer in advance as much as possible.
    4. Consumers are entitled to terminate the agreement in the event of a substantial change in the General Terms and Conditions.

    Transfer of rights

    1. Rights of the Customer under an agreement between the parties cannot be transferred to any third party without the prior written consent of Lovetrigger.
    2. This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

    Effects of nullity or voidability

    1. If one or more provisions of these general terms and conditions prove to be null or voidable, this will not affect the other provisions of these terms and conditions.
    2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Lovetrigger had in mind when drawing up the terms and conditions on that point.

    Applicable law and competent court

    1. Any agreement between the parties is governed exclusively by Dutch law.
    2. The Dutch court in the district where Lovetrigger has its registered office / practice / office is exclusively competent to take cognizance of any disputes between the parties, unless the law imperatively dictates otherwise.

    Drawn up on 01 January 2022.

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