Terms and Conditions
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Long-term contract: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or purchase is spread over time.
Durable data carrier: any means 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.
Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: 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 organised system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
Technique for distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same physical space.
Terms and Conditions: the present Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company name: ADVARO LIMITED
Company number: 78694544
Trading name: ADVARO LIMITED
Customer service email: info@everley.nl
Business address:
Suite C, Level 7, World Trust Tower
50 Stanley Street, Central
Hong Kong
Article 3 – Applicability
These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate where the Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these Terms and Conditions may, in deviation from the previous paragraph and before the contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the entrepreneur shall indicate, before the contract is concluded, where the Terms and Conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
If, in addition to these Terms and Conditions, specific product or service conditions also 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 of these Terms and Conditions are at any time wholly or partially void or annulled, the remainder of the contract and these Terms and Conditions shall remain in force, and the relevant provision shall be replaced by mutual agreement with a provision that reflects the original intent as closely as possible.
Situations not covered by these Terms and Conditions shall be assessed “in the spirit” of these Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions shall likewise be interpreted “in the spirit” of these Terms and Conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is made under certain conditions, this shall be expressly stated in the offer.
The offer is non-binding. The entrepreneur 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are intended to be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and may not give rise to compensation or the right to dissolve the agreement.
Images accompanying products are truthful representations of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer includes information that clearly enables the consumer to understand the rights and obligations associated with 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, with regard to importation, apply the special scheme for postal and courier services. This scheme applies when goods are imported into the EU destination country, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the applicable clearance fees) from the recipient of the goods;
• any delivery costs;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the contract;
• the period during which the offer may be accepted, or the period during which the entrepreneur guarantees the price;
• the rate charged for distance communication, if the costs of using the technique for distance communication differ from the standard base rate of the means of communication used;
• whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer;
• the way in which the consumer can check and correct any data provided in connection with the agreement before the contract is concluded;
• the other languages in which the agreement may be concluded, in addition to Dutch;
• the codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes electronically;
• the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colours, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to make electronic payments, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within the limits of the law, ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly concluding a distance contract. If, based on this investigation, the entrepreneur has valid grounds not to enter into the agreement, the entrepreneur is entitled to refuse an order or request with justification, or to attach special conditions to its execution.
The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer on a durable data carrier, along with the product or service:
• the visiting address of the entrepreneur’s establishment where the consumer may submit complaints;
• the conditions under which, and the method by which, the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
• information regarding warranties and existing after-sales service;
• the information referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This cooling-off period begins on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall unpack or use the product only to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and—if reasonably possible—in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. Notification must be made by written message/email. After the consumer has notified the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days to the original place of dispatch. The consumer must provide proof that the goods have been returned in time, for example by presenting a proof of shipment.
If the consumer has not indicated within the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or if the consumer has not returned the product to the entrepreneur, the purchase becomes final.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has been received back by the entrepreneur, or that conclusive proof of the complete return has been provided by the consumer.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
• that have been produced by the entrepreneur according to the consumer’s specifications;
• that are clearly personal in nature;
• that, by their nature, cannot be returned;
• that can spoil or age quickly;
• whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
• single newspapers and magazines;
• audio or video recordings and computer software of which the consumer has broken the seal;
• 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, catering or leisure activities to be carried out on a specific date or during a specific period;
• where the performance has begun with the consumer’s explicit consent before the cooling-off period has expired;
• relating to betting and lotteries.
Article 9 – 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.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on market fluctuations and the fact that any prices stated are indicative shall be mentioned in the offer.
Price increases within 3 months after the agreement has been concluded are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the agreement has been concluded are only permitted if the entrepreneur has stipulated as such and:
• they result from statutory regulations or provisions; or
• the consumer has the right to terminate the agreement as of the date on which the price increase takes effect.
The place of supply, pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968, is determined by the country where transport begins. In this case, the supply takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or clearance fees from the recipient. Therefore, the entrepreneur will not charge VAT.
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 such errors, the entrepreneur is not obliged to supply the product at the incorrect price.
Special extra clearance fees and/or import duties are not included in the price and are payable by the customer.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, with the specifications stated in the offer, with reasonable standards of soundness and/or usability, and with the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Returned products must be sent back in their original packaging and be in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
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The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by a third party;
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The delivered products have been exposed to abnormal conditions, handled carelessly, or used in a manner contrary to the entrepreneur’s instructions and/or those on the packaging;
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The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
The place of delivery shall be the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these Terms and Conditions, the company shall execute accepted orders with due haste, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost and may be entitled to compensation.
In the event of dissolution pursuant to the previous paragraph, the entrepreneur 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 entrepreneur shall make every effort to make a replacement item available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement product is being supplied. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term Contracts: Duration, Termination and Renewal
Termination
The consumer may terminate an agreement that has been concluded for an indefinite period and which aims at the regular supply of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been concluded for a fixed period and which aims at the regular supply of products (including electricity) or services, at any time at the end of the fixed term, subject to the 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, without being restricted to termination at a specific time or within a specific period;
• in at least the same manner as the agreement was entered into;
• always with the same notice period that the entrepreneur has stipulated for themselves.
Renewal
An agreement concluded for a fixed period and intended for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
In deviation from the previous paragraph, an agreement for a fixed period relating to the regular supply of daily, news, or weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.
An agreement concluded for a fixed period and intended for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month, or no more than three months in the event the agreement concerns the regular, but less than monthly, supply of daily, news, or weekly newspapers and magazines.
An agreement for a limited duration relating to the regular supply of daily, news, or weekly newspapers and magazines (a trial or introductory subscription) shall not be tacitly renewed and ends automatically 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 termination before the end of the agreed duration is unreasonable and unfair.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as 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 confirmation of the agreement.
The consumer has a duty to promptly report any inaccuracies in the payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur is entitled—subject to statutory limitations--to charge the reasonable costs that were made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has identified the defects, fully and clearly described.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within 14 days with a confirmation of receipt and an indication of when the consumer may expect a more detailed reply.
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 obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.
Article 16 – CESOP
Due to the measures introduced and strengthened in 2024 under the amendment of the Dutch Turnover Tax Act 1968 (Implementation of the Payment Service Providers Directive), and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may be required to register certain data in the European CESOP system.