General conditions

General terms and conditions

This website is operated Ever Vogue. Throughout the site, the terms ‘we’, ‘us’, ‘our’ and ‘operator’ refer Ever Vogue this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing our site and/or purchasing anything from us, you agree to our ‘Service’ and agree to be bound by the following terms and conditions (‘Terms of Service’, ‘Terms’), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, suppliers, customers, vendors and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By visiting or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you will not be able to access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.



Any new features or tools added to the current shop are also subject to the Terms of Service. You can view the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.

Our shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least of legal age in the state or province where you live, or that you are of legal age in the state or province where you live and that you have given us your permission to allow all your minor family members to use this site.

You may not use our products for illegal or unauthorised purposes, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.

You must not transmit worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.

We reserve the right to refuse service to anyone at any time for any reason.

You understand that your content (excluding credit card data) may be transmitted unencrypted and may include (a) transmissions over different networks; and (b) modifications to meet and adapt to the technical requirements of connecting networks or devices. Credit card data will always be encrypted during transfers over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is offered, without express written consent from us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

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

Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

Day: 1-1-2024

Long-term transaction: A distance contract concerning a series of products and/or services, where the delivery and/or purchase obligations are spread over time.

Durable medium: Any means that allows the consumer or entrepreneur to store information addressed to them in such a way that future consultation and unchanged reproduction of the stored information is possible.

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

Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers.

Distance contract: A contract concluded under an organized system for the remote sale of products and/or services, where communication techniques are exclusively used up to and including the conclusion of the contract.

Remote communication technique: A means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same room.

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

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

Company name: Ever-Vogue

Chamber of Commerce number: 74094424

Trade name: Justus Eigenbrood

VAT number: NL002423016B81

Customer service email: info@googroove.nl

Business address: Kaapse Bossen 26, Vleuten, 3452NR

ARTICLE 3 - APPLICABILITY

These general 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 general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be consulted with the entrepreneur 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, deviating from the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically, and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are or become fully or partially void or annulled at any time, the contract and these terms and conditions will remain in effect, and the relevant provision will immediately be replaced through mutual consultation by a provision that closely approximates the intent of the original.

Situations not governed by these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.

Any uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted "in the spirit" of these general terms and conditions.

ARTICLE 4 - THE OFFER

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

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

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

All images, specifications, and data in the offer are indicative and cannot be the basis for claims for damages or cancellation of the agreement. Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:

  • The price, excluding customs clearance costs and import VAT. These additional costs will be at the customer’s expense and risk. The postal and/or courier service will use the special arrangement for postal and courier services regarding imports. This arrangement 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 along with the customs clearance costs) from the recipient of the goods;

  • Any shipping costs;

  • The method by which the contract will be concluded and which actions are required for this;

  • Whether the right of withdrawal applies or not;

  • The method of payment, delivery, and execution of the agreement;

  • The period within which the offer can be accepted or the period within which the entrepreneur guarantees the price;

  • The rate for communication at a distance if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the used communication method;

  • Whether the agreement will be archived after being concluded, and if so, how it can be consulted by the consumer;

  • The way in which the consumer can check and, if desired, correct the data provided in connection with the agreement before the conclusion of the agreement;

  • Any other languages in which, besides Dutch, the agreement can be concluded;

  • The codes of conduct to which the entrepreneur has adhered and how the consumer can consult these codes electronically; and

  • The minimum duration of the distance contract in the case of a long-term transaction.

Optional: Available sizes, colors, types of materials.

ARTICLE 5 - THE AGREEMENT

The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can make an electronic payment, the entrepreneur will take appropriate security measures for this as well.

The entrepreneur may - within legal boundaries - check whether the consumer can fulfill their payment obligations, as well as any facts and factors that are relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with justification, or to attach special conditions to the execution.

The entrepreneur will, together with the product or service, provide the consumer with the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  1. The visiting address of the entrepreneur’s establishment where the consumer can direct complaints;

  2. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;

  3. Information on warranties and existing after-sales service;

  4. The data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

  5. The requirements for terminating the agreement if the agreement lasts longer than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is concluded under the suspensive condition of the sufficient availability of the relevant products.

ARTICLE 6 - RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the right to dissolve the agreement without providing any reason within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer, who has been made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging carefully. The product will only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, the product must be returned to the entrepreneur with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The consumer must inform the entrepreneur by means of a written message or email. After the consumer has communicated their wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods were sent back in time, for example, by providing proof of shipment.

If the consumer has not communicated their intention to exercise the right of withdrawal or has not returned the product within the timeframes mentioned in paragraphs 2 and 3, the purchase will be considered final.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the costs for returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been received by the entrepreneur or sufficient proof of complete return can be provided.

ARTICLE 8 - EXCLUSION OF 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 is only valid if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.

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

  • Made by the entrepreneur 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 quickly;
  • Whose price is subject to fluctuations in the financial market that the entrepreneur has no influence over;
  • For single newspapers and magazines;
  • For audio and video recordings and computer software whose seal has been broken by the consumer;
  • For hygiene products whose seal has been broken by the consumer.

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

  • Concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
  • Where delivery has started with the consumer’s express consent before the cooling-off period has expired;
  • Concerning bets and lotteries.

ARTICLE 9 - THE PRICE

I reserve the right to change the prices of the offered products and/or services during the validity period stated in the offer, including as a result of changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur has no control over, at variable prices. This dependency on fluctuations and the fact that any prices listed are indicative will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has agreed to this, and:

  • They are the result of legal regulations or provisions; or
  • The consumer has the right to cancel the agreement as of the day the price increase takes effect.

The place of delivery, based on Article 5, first paragraph, of the VAT Act 1968, takes place in the country where the transport begins. In this case, this delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT or customs clearance costs from the recipient. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

ARTICLE 10 - CONFORMITY AND WARRANTY

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations at the time the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. The products must be returned in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any 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 modified the delivered products themselves or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the entrepreneur’s instructions and/or the handling instructions on the packaging;
  • The defect is wholly or partially the result of regulations set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing orders for products.

The delivery address shall be the address provided by the consumer to the company.

Subject to the provisions set out in Article 4 of these General Terms and Conditions, the company shall execute accepted orders with due speed, but in any event within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer shall have the right to cancel the agreement free of charge and to claim any applicable damages.

In the event of cancellation as provided in the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a substitute item. At the time of delivery, it shall be clearly and understandably indicated that a substitute item is being delivered. For substitute items, the right of withdrawal cannot be excluded. Any costs for a return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products shall remain with the entrepreneur until delivery to the consumer or to a representative designated in advance and notified to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Renewal

Cancellation

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

The consumer may cancel an agreement entered into for a fixed term that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel the agreements mentioned in the previous paragraphs:

  • at any time and not be limited to cancellation at a specific time or during a particular period;
  • at the very least, cancel them in the same manner in which they were entered into by him;
  • always cancel them with the same notice period that the entrepreneur has stipulated for itself.

Renewal

An agreement entered into for a fixed term that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, an agreement entered into for a fixed term that involves the regular delivery of daily, news and weekly newspapers, and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer may cancel this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed term that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and, in the case of agreements involving the regular—but less than once per month—delivery of daily, news and weekly newspapers, and magazines, with a notice period of no more than three months.

An agreement of limited duration for the regular introductory delivery of daily, news and weekly newspapers, and magazines (trial or introductory subscription) shall not be tacitly continued and will automatically terminate at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness oppose cancellation 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 commencement 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 is obliged to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.

In the event of default in payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated in advance to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has detected the defects.

Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will 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 agreement, a dispute will arise that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

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

Article 15 – Disputes

With regard to agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply, exclusively Dutch law shall apply, even if the consumer resides abroad.

Article 16 – Personal Information

Our Privacy Policy applies to your submission of personal data via the store. To view our Privacy Policy, please refer to the relevant section on our website.

Article 17 – Errors, Inaccuracies, and Omissions

Occasionally, the information on our site or in the Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if the information in the Service or on a related website is found to be incorrect at any time and without prior notice (even after you have placed your order).

We are not obliged to update, change, or clarify information in the Service or on a related website, including but not limited to price information, except as required by law.

No specified update or renewal date may be applied in the Service or on a related website to indicate that all information in the Service or on the related website has been changed or updated.

Article 18 – Changes to the Terms of Service

You may view the most recent version of the Terms of Service on this page at any time.

We reserve the right, at our discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website.

It is your responsibility to regularly check our website for changes. Your continued use of or access to our website or the Service after any changes to these Terms of Service are posted constitutes acceptance of those changes.

Article 19 – CESOP

Due to the measures introduced and tightened in 2024 regarding the "Amendment of the 1968 Turnover Tax Act (Implementation Act of the Payment Services Directive)" and consequently the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.