Terms & Conditions

TERMS OF SERVICE

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: The period during which the consumer may exercise the right of withdrawal.

Consumer: A natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.

Day: Calendar day.

Duration transaction: A distance contract relating to a series of products and/or services whose delivery 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 consumer’s right to withdraw from the distance contract during the cooling-off period.

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

Distance contract: An agreement concluded as part of an organized system for the distance sale of products and/or services, using one or more means of distance communication up to and including the conclusion of the agreement.

Distance communication technique: A means that may be used to conclude an agreement without the consumer and entrepreneur being physically present in the same place.

Terms and Conditions: These general Terms and Conditions.

Article 2 – Identity of the Entrepreneur

Brand: Anesyn
Company: LvD Commerce
Email: legalnoticelvd@gmail.com
Chamber of Commerce number: 91426561
VAT number: NL004890569B60

Article 3 – Applicability

These Terms and Conditions apply to every offer made by Anesyn and to every distance contract and order concluded between Anesyn and the consumer.

Before the distance contract is concluded, these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the agreement is concluded where the Terms and Conditions can be viewed and that they will be provided free of charge upon request.

If the agreement is concluded electronically, these Terms and Conditions may also be provided electronically in a way that allows the consumer to store them on a durable data carrier.

If specific product or service conditions apply in addition to these Terms and Conditions, both sets of conditions apply. In the event of conflicting provisions, the provision most favorable to the consumer will apply where required by law.

If one or more provisions are wholly or partially invalid or unenforceable, the remaining provisions remain in force. The invalid provision will be replaced by a provision that most closely reflects its original purpose.

Situations not expressly covered by these Terms and Conditions will be assessed in accordance with their general purpose and intent.

Article 4 – The Offer

If an offer has a limited validity period or is subject to specific conditions, this will be clearly stated.

The offer is non-binding unless otherwise stated. Anesyn reserves the right to amend or adjust an offer.

The offer contains a sufficiently complete and accurate description of the products and/or services offered to allow the consumer to make an informed decision.

Images are intended to represent the products as accurately as reasonably possible. Obvious mistakes or errors in an offer do not bind Anesyn.

Images, specifications, and product information are indicative. Displayed colors may differ slightly from the actual product due to screen settings or other technical factors.

Each offer will provide relevant information concerning, where applicable:

  • the price;
  • shipping costs;
  • the way the agreement is concluded;
  • whether a right of withdrawal applies;
  • payment, delivery, and performance;
  • the validity period of the offer or price;
  • any additional communication costs;
  • whether the agreement is archived after conclusion;
  • how the consumer can review and correct information before placing the order;
  • languages in which the agreement may be concluded;
  • applicable codes of conduct;
  • the minimum duration of the agreement in the case of a duration transaction;
  • available sizes, colors, and materials where relevant.

Any customs duties, import VAT, or similar charges not collected at checkout may be charged separately by the relevant authorities or carrier where applicable.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and fulfills the applicable conditions.

If the consumer accepts the offer electronically, Anesyn will confirm receipt electronically.

Anesyn will take appropriate technical and organizational measures to protect electronic data transfers and maintain a secure online environment.

Anesyn may, within the limits of applicable law, assess whether a consumer is able to meet their payment obligations. Where there are reasonable grounds, Anesyn may refuse an order or impose additional conditions.

The consumer will receive, in writing or on a durable data carrier where applicable:

  1. information on how to submit a complaint;
  2. information regarding the right of withdrawal;
  3. warranty and after-sales information;
  4. relevant information concerning the offer and agreement;
  5. termination conditions where the agreement lasts more than one year or has an indefinite duration.

All agreements are subject to sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer may withdraw from the agreement without giving a reason within 14 days.

The withdrawal period begins on the day after the consumer, or a representative designated by the consumer, receives the product.

During the cooling-off period, the consumer must handle the product and packaging with reasonable care. The product should only be handled or used to the extent necessary to determine its nature, characteristics, and functioning.

If the consumer exercises the right of withdrawal, the product should be returned with all supplied accessories and, where reasonably possible, in its original condition and packaging.

The consumer must notify Anesyn of the intention to withdraw within 14 days of receiving the product. After notification, the product must be returned within a further 14 days.

The consumer is responsible for proving that the return was sent on time.

Article 7 – Costs of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the product is the consumer’s responsibility unless otherwise stated.

Where the consumer is entitled to a refund, Anesyn will refund the relevant amount as soon as reasonably possible and no later than 14 days after withdrawal, provided the returned product has been received or sufficient proof of return has been supplied.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded where permitted by law and where this has been clearly communicated before purchase.

This may include products:

  1. made according to the consumer’s specifications;
  2. that are clearly personalized;
  3. that cannot reasonably be returned due to their nature;
  4. that deteriorate or expire rapidly;
  5. whose price depends on financial-market fluctuations outside the entrepreneur’s control;
  6. consisting of individual newspapers or magazines;
  7. consisting of sealed audio, video, or software products where the seal has been broken;
  8. consisting of sealed hygiene products where the seal has been broken.

For services, withdrawal may also be excluded where legally permitted, including certain:

  1. accommodation, transport, catering, or leisure services for a specific date or period;
  2. services begun with the consumer’s express consent before the end of the withdrawal period;
  3. betting or lottery services.

Article 9 – Prices

Prices will not be increased during the stated validity period of an offer, except where changes result from applicable taxes or legal requirements.

Products or services whose prices are subject to external financial-market fluctuations may be offered at variable prices where this is clearly communicated.

Price increases within three months after the conclusion of an agreement are permitted only where required by law.

Price increases after three months are permitted only where they result from legal requirements or where the consumer has the right to terminate the agreement when the increase takes effect.

Prices are subject to obvious typographical and pricing errors. Anesyn is not required to supply a product at an obviously incorrect price.

Article 10 – Conformity and Warranty

Anesyn warrants that products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of reliability and usability, and applicable legal requirements.

Any warranty provided by Anesyn, a manufacturer, or an importer does not affect the consumer’s statutory rights.

Defective or incorrectly delivered products should be reported in writing within 14 days after delivery.

Where reasonably possible, returned products should be returned in their original packaging.

The warranty does not apply where:

  • the consumer has repaired or modified the product or had it repaired or modified by a third party;
  • the product has been exposed to abnormal conditions or treated negligently;
  • damage results from use contrary to instructions;
  • the defect results wholly or partly from government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Fulfillment

Anesyn will take reasonable care when receiving and fulfilling orders.

Accepted orders will be fulfilled as soon as reasonably possible and, unless a different delivery period has been agreed, no later than 30 days.

If delivery is delayed or an order cannot be fulfilled in full, the consumer will be informed.

Where applicable, the consumer may cancel the agreement if delivery cannot reasonably be completed within the required period.

If an ordered product cannot be supplied, Anesyn may offer a replacement product. If a replacement is supplied, this will be clearly communicated.

The risk of damage or loss remains with Anesyn until the product has been delivered to the consumer or a representative designated by the consumer, unless otherwise expressly agreed.

Article 12 – Duration, Termination and Renewal

Termination

A consumer may terminate an agreement of indefinite duration for the regular supply of products or services in accordance with the agreed termination rules and with a notice period of no more than one month where required by law.

A fixed-term agreement for the regular supply of products or services may be terminated at the end of the agreed term in accordance with the applicable termination conditions.

Where applicable, consumers must be able to terminate an agreement:

  • at any permitted time;
  • in substantially the same manner in which the agreement was entered into;
  • subject to no longer notice period than the notice period imposed by the entrepreneur.

Renewal

A fixed-term agreement for the regular supply of products or services will not be automatically renewed for another fixed term except where legally permitted.

Where automatic renewal for an indefinite period is permitted, the consumer must be able to terminate the agreement with the legally required notice period.

Trial or introductory subscriptions do not automatically renew unless clearly stated and legally permitted.

Duration

If an agreement lasts longer than one year, the consumer may, where required by applicable law, terminate it after one year with a notice period of no more than one month.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid according to the payment terms stated during checkout or in the agreement.

The consumer must promptly report inaccuracies in payment information provided or displayed.

In the event of non-payment, Anesyn may, subject to applicable law, charge reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints concerning the performance of the agreement should be submitted to Anesyn as soon as reasonably possible after the consumer discovers the issue.

Complaints should contain a complete and clear description of the problem.

Anesyn aims to respond to complaints within 14 days after receipt.

If additional time is required, Anesyn will provide confirmation of receipt and an indication of when a more detailed response can be expected.

A complaint does not automatically suspend the consumer’s obligations unless Anesyn confirms otherwise in writing.

Where a complaint is found to be valid, Anesyn may repair or replace the relevant product free of charge, as appropriate.

Article 15 – Disputes

Agreements between Anesyn, operated by LvD Commerce, and the consumer are governed by Dutch law, subject to any mandatory consumer protection rights that may apply in the consumer’s country of residence.