Terms of service

General Terms and Conditions

Definitions

Clânvour: TLS Commerce B.V., established in Weert under Chamber of Commerce no. 85524271.
Customer: the person with whom Clânvour has entered into an agreement.
Parties: Clânvour and the customer jointly.
Consumer: a customer who is also an individual acting in a private capacity.

Article 1 - Applicability of general terms and conditions
These general terms and conditions apply to all agreements and transactions between the customer and Clânvour. Clânvour with regard to the purchase of our products/services. By using our website or purchasing our products, you agree to the following terms and conditions ("Terms and Conditions"), including any additional terms and policies referred to or made available via hyperlink.

These Terms and Conditions are binding on all website users, including but not limited to visitors, browsers, customers, and sellers. Our store is hosted on the online e-commerce platform Shopify Inc. They provide us with the technical infrastructure that enables us to offer our products and services to you.

Please read these Terms and Conditions carefully before visiting our website or using our services. By accessing or visiting any part of the website, or using our services, you agree to these Terms and Conditions. If you do not agree to all the provisions of these Terms and Conditions, you must not use our website or services. If these Terms and Conditions are deemed an offer, acceptance is expressly limited to these Terms and Conditions.

You can consult the most recent version of the Terms and Conditions on our website at any time. We reserve the right to update, amend, or replace these Terms and Conditions with any changes or updates on our website at any time. It is your responsibility to regularly check for changes. Continued use of or access to our website after any changes have been posted constitutes your acceptance of those changes.

Article 2 - Prices
All prices that The prices charged by Clânvour are in euros, include VAT, and exclude any additional costs such as administration fees, levies, and travel, shipping, or transport costs, unless expressly stated otherwise or otherwise agreed. All prices that Clânvour applies to its products, on its website or otherwise made known, may Clânvour may change at any time.

Increases in the cost prices of products or parts thereof, which Price increases resulting from circumstances that Clânvour could not have foreseen at the time of making the offer or concluding the agreement may occur. The consumer has the right to cancel an agreement as a result of a price increase, unless the increase results from a statutory regulation.

Article 3 - Samples and models
If the customer has received a sample or model of a product, they may derive no other rights from it than that it indicates the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Article 4 - Right of withdrawal
A consumer may cancel an online purchase during a 60-day cooling-off period without giving a reason, provided that:

the product has not been used (Exception: if there are no results and the return process is completed)
it is not a product that can spoil quickly, such as food or flowers
it is not a product specially made or modified to the consumer’s specifications
the consumer has not waived their right of withdrawal

The 60-day cooling-off period mentioned above begins on the day after the consumer received the last product or part of 1 order

The consumer may notify their exercise of the right of withdrawal via support@clanvour.com, if desired using the withdrawal form that can be downloaded from the website of Clânvour, www.clanvour.com, can be downloaded. The consumer is required to return the product to Clânvour, failing which their right of withdrawal will lapse.

Article 5 - Costs in the event of withdrawal
If the consumer exercises their right of withdrawal correctly and in accordance with the Refund Policy, they are only responsible for the return shipping costs. If the customer has paid an amount for their order, the trader will refund this amount as soon as possible, but no later than within 14 days of the return or withdrawal.

Article 6 - Payment
Payment is made at the consumer’s/customer’s discretion using one of the payment methods displayed, either by way of advance payment of at least 50% or, where applicable, upon delivery. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the cooling-off period begins. 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 customer is obliged to report any inaccuracies in the payment details provided or stated to the business without delay. In the event of the customer's failure to pay, the business has the right, subject to statutory limitations, to charge the reasonable costs disclosed to the consumer in advance.

Article 7 - Klarna payment methods
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment method(s). Payment must be made to Klarna.

Pay later
Pay in installments

You can find more information in the Klarna user terms. You can find general information about Klarna here. Your personal data will be processed by Klarna in accordance with the applicable data protection legislation and as described in Klarna's privacy statement .

Article 8 - Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.

Article 9 - Right of retention
Clânvour may invoke its right of retention and, in that case, retain the customer's products until the customer has paid all outstanding invoices concerning Clânvour has paid, unless the customer has provided sufficient security for those costs. Clânvour is never liable for any damage the customer may suffer as a result of exercising its right of retention.

Article 10 - Set-off
Unless the customer is a consumer, the customer waives the right to set off a debt owed to Clânvour to set off against a claim against Clânvour.

Article 11 - Retention of title
Clânvour remains the owner of all products delivered until the customer has fully met all payment obligations toward Clânvour on whatever grounds Clânvour's concluded agreement, including claims concerning failure to perform. Until then, it may Clânvour has invoked its retention of title and repossessed the goods. Before ownership has passed to the customer, the customer may not pledge, sell, transfer or otherwise encumber the products. If If Clânvour invokes its retention of title, the agreement shall be deemed dissolved and Clânvour the right to claim compensation, lost profits and interest.

Article 12 - Delivery

Delivery shall take place while stocks last.
Delivery shall take place at Clânvour, unless the parties have agreed otherwise.
Delivery of products ordered online shall take place at the address specified by the customer.
If the agreed amounts are not paid, or are not paid on time, Clânvour the right to suspend its obligations until the agreed portion has nevertheless been paid.
Late payment constitutes creditor default, with the result that the customer may not invoke late delivery against Clânvour may invoke.

Article 13 - Delivery period

The The delivery times specified by Clânvour are indicative and, if exceeded, do not entitle the customer to dissolve the agreement or claim compensation, unless the parties have expressly agreed otherwise in writing.
The delivery period begins when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation of this from Clânvour
Exceeding the stated delivery time does not entitle the customer to compensation or to dissolve the agreement, unless Clânvour cannot deliver within 14 days after having been formally notified in writing to do so, or unless the parties have agreed otherwise.

Article 14 - Actual delivery
The customer must ensure that the actual delivery of the products ordered by them can take place on time.

Article 15 - Intellectual property
The intellectual property rights, including copyrights, trademarks, software, databases, designs, drawings, patents and other rights, whether registered or unregistered, embodied in the entrepreneur’s products, services and website content, are and shall remain at all times the exclusive property of the entrepreneur and/or its licensors, as applicable. The consumer shall refrain from copying or exploiting the entrepreneur’s products and website content in any way without the entrepreneur’s express written consent.

Article 16 - Transport costs
Transport costs shall be borne by the customer, unless the parties have agreed otherwise.

Article 17 - Personal Data
The trader is responsible for processing the personal data provided by the consumer in connection with the agreement. The trader processes the personal data in accordance with the provisions and principles of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 (the GDPR) and in accordance with its Privacy Policy, which is available on its website

Article 18 - Packaging and Shipping
If the packaging of a delivered product has been opened or damaged, the customer must, before accepting the product, have the forwarding agent or delivery person make a note of this, failing which Clânvour cannot be held liable for any damage. If the customer arranges transport of a product themselves, they must report any visible damage to the products or packaging to Clânvour, failing which Clânvour cannot be held liable for any damage.

Article 19 - Warranty

The warranty for products applies exclusively to defects caused by faulty manufacture, construction, or materials.
The warranty does not apply in the event of normal wear and tear or damage resulting from accidents, modifications made to the product, negligence, or improper use by the customer, or when the cause of the defect cannot be clearly established.
The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties passes to the customer when they are legally and/or physically delivered, or at least come into the customer's possession or that of a third party who receives the product on the customer's behalf.

Article 20 - Indemnification
The customer indemnifies Clânvour against all claims by third parties related to the products and/or services provided by Clânvour.

Article 21 - Complaints

The customer must provide inspect the product or service provided by Clânvour as soon as possible for any defects.
If a delivered product or provided service does not meet what the customer could reasonably expect from the agreement, the customer must Clânvour of this as soon as possible, but in any event within 1 month after the defects are discovered.
Consumers must notify Clânvour is notified of this no later than 2 months after the defects are discovered.
The customer shall provide as detailed a description of the defect as possible, so that Clânvour is able to respond adequately to this.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this cannot in any event result in Clânvour can be required to perform work other than that agreed.

Article 22 - Joint and Several Liability of the Customer
If If Clânvour enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe under that agreement to Clânvour is owed.

Article 23 - Liability Clânvour

Clânvour is liable for damage suffered by the customer only if and insofar as that damage was caused by intent or deliberate recklessness.
If If Clânvour is liable for any damage, it is liable only for direct damage arising from or related to the performance of an agreement.
Clânvour is never liable for indirect damage, such as consequential loss, loss of profit, missed savings, or damage to third parties.
If Where Clânvour is liable, this liability is limited to the amount paid out under a professional liability insurance policy taken out, and if an insurance company does not pay (the full amount of) the damage, the liability is limited to the (portion of the) invoice amount to which the liability relates.
All images, photographs, colors, drawings, and descriptions on the website or in a catalog are for illustrative purposes only, are approximate, and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 24 - Limitation period
Any right of the customer to compensation from Clânvour expires in any event 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 25 - Force Majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Clânvour fails to perform any obligation towards the customer Clânvour can be held liable for this under the control of An independent situation beyond Clânvour's control, as a result of which the performance of its obligations towards the customer is wholly or partially prevented, or as a result of which it cannot reasonably be expected to perform its obligations Clânvour can be required.
The force majeure situation referred to in paragraph 1 also includes, but is not limited to: states of emergency (such as civil war, insurrection, riots, natural disasters, etc.); breaches and force majeure on the part of suppliers, delivery personnel or other third parties; unexpected power, electricity, internet, computer and telecommunications outages; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.
If a force majeure situation occurs as a result of which If Clânvour is unable to fulfil one or more obligations to the customer, those obligations will be suspended until Clânvour can comply with them again.
From the moment a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.
Clânvour is not liable for any compensation whatsoever in a situation of force majeure, even if it benefits as a result of the force majeure situation.

Article 26 - Amendment of general terms and conditions

Clânvour is entitled to amend or supplement these general terms and conditions.
Changes of minor importance may be implemented at any time.
Clânvour will discuss major substantive changes Clânvour will discuss this with the customer as far as possible in advance.
Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.

Article 27 - Transfer of rights

The customer's rights under an agreement between the parties may not be transferred to third parties without the prior written consent of Clânvour.
This provision qualifies as a clause with property-law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

Article 28 - Consequences of nullity or voidability

If one or more provisions of these general terms and conditions are or become void or voidable, this will not affect the remaining provisions of these terms and conditions.
In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Clânvour had in mind when drawing up the terms and conditions on that point.

Article 29 - Governing law and competent court

Only Dutch law applies to every agreement between the parties.
The Dutch court in the district where Clânvour is exclusively authorized to hear any disputes between the parties, unless mandatory law provides otherwise.