Terms and conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period during which the consumer can exercise their right of withdrawal.
• Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the trader.
• Day: calendar day.
• Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
• Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that is accessible for future reference for a period that is appropriate for the purposes of the information and which allows the unchanged reproduction of the stored information.
• Right of withdrawal: the consumer's option 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 between the trader and the consumer within the framework of an organized system for distance selling of products and/or services, using one or more means of distance communication up to and including the time at which the contract is concluded.
• Means of distance communication: means that can be used for concluding a contract without the consumer and trader being in the same place at the same time.

Article 2 – Identity of the trader

Email address: info@Bynova.ca

Article 3 – Applicability

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

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the trader's premises and they will be sent to the consumer as soon as possible at no extra cost.

If the distance contract is concluded electronically, contrary to 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 it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically, and at the consumer's request, they will be sent electronically or otherwise at no extra cost.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions at any time become wholly or partially null and void or are annulled, the contract and these terms and conditions will otherwise remain in force, and the provision in question will be immediately replaced by a provision that approximates the original as closely as possible.

Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities regarding 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 duration or is made under conditions, this will be explicitly mentioned in the offer.

The offer is non-binding. The trader is entitled to change and amend the offer.

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

All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.

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

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:

• the price, excluding customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services with respect to import. This scheme applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the invoiced customs clearance costs) from the recipient of the goods;
• the possible costs of shipping;
• the way in which the contract will be concluded and which actions are required for this; whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the contract;
• the period for accepting the offer, or the period within which the trader guarantees the price; the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the used means of communication;
• whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer can check and if necessary correct the information provided by them in the context of the contract before its conclusion;
• any other languages in which, besides Dutch, the contract can be concluded;
• the conduct codes to which the trader has submitted and the way in which the consumer can consult these conduct codes electronically; and
• the minimum duration of the distance contract in the event of a long-term transaction. Optional: available sizes, colors, types of materials.

Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therewith.

If the consumer has accepted the offer electronically, the trader immediately confirms electronically that he has received the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader can – within legal frameworks – find out whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.

The trader will provide the consumer with 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 medium along with the product or service:

• the visiting address of the trader's establishment where the consumer can lodge complaints;
• the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
• information about guarantees and existing after-sales service;
• the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer before the execution of the contract;
• the requirements for canceling the contract if the contract has a duration of more than one year or is indefinite. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 – Right of withdrawal

With the purchase of products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product.

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the trader within 14 days, after receiving the product. The consumer must make this known by means of a written message/email. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If the customer does not make it known after the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal or has not returned the product to the trader, the purchase is a fact.

Article 7 – Costs in Case of Revocation

If the consumer exercises their right of withdrawal, the costs for returning the products to our overseas warehouse are 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 revocation, provided that the product has already been received back by the web retailer or conclusive proof of complete return can be presented.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can 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, or at least in a timely manner before the contract is concluded. Exclusion of the right of withdrawal is only possible for products:

• Made 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 tied to fluctuations in the financial market over which the entrepreneur has no influence;
• For loose 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:

• Concerning lodging, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
• Whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
• Concerning betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This linkage to fluctuations and the fact that any stated prices are indicative will be stated in the offer.

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

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

• They are the result of statutory regulations or provisions; or
• The consumer has the right to terminate the contract with effect from the day the price increase starts.

Delivery takes place under Article 5, first paragraph, of the VAT Act 1968 in the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the post or courier service will charge the recipient import VAT and/or clearance costs. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of print and typographical errors. In case of print and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

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 their original packaging and 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 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 processed the delivered products themselves or has had them repaired and/or processed by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
• The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products.

With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 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 can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and a right to any compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days following termination.

If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative unless explicitly agreed otherwise.

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

Cancellation

The consumer can cancel a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time subject to the agreed cancellation rules and a notice period of at most one month.

The consumer can terminate a contract that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the specific period subject to the agreed cancellation rules and a notice period of at most one month.

The consumer can:

• Cancel at any time and not be limited to cancellation at a specific time or in a specific period;
• At least cancel in the same way as they are entered into by him;
• Always cancel with the same notice period as stipulated by the entrepreneur for himself. Extension

A contract entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a specific duration.

Contrary to the previous paragraph, a contract entered into for a specific period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a maximum of three months if the consumer can terminate this extended contract at the end of the extension with a notice period of at most one month.

A contract that has been entered into for a specific period and that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months if the contract extends to the regular delivery of daily, news, and weekly newspapers and magazines less than once a month.

A contract with a limited duration for the regular introductory delivery of daily newspapers, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer can cancel the contract at any time with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer should 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 a contract to provide a service, this period starts after the consumer has received confirmation of the contract.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has noticed the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement 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 will either replace or repair the delivered products free of charge at her choice.

Article 15 – Disputes

Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.