Terms And Conditions
Terms And Conditions
ARTICLE 1 – DEFINITIONS
The following definitions apply within these Terms and Conditions:
Withdrawal period: the period within which the consumer may exercise their right of withdrawal.
Consumer: the 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 entrepreneur.
Continuing performance contract: a distance contract relating to a series of products and/or services, the supply and/or purchase obligations of which are spread over time.
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the withdrawal period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
Means of distance communication: any method that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time.
Terms and Conditions: these present Terms and Conditions of the entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Company name: Avery Lane Fashion
Address: Pastoor Spieringsstraat 123, 5401 GT Uden, The Netherlands
Email: support@averylane.com
Phone number: +31 645776699
Chamber of Commerce (KvK) number: 86533916
VAT number: NL004262683B08
Opening hours:
Monday to Friday: 08:00 – 18:00
Saturday and Sunday: 10:00 – 16:00
We aim to respond to all emails within 24 hours.
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 how 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, contrary to the previous paragraph, be provided to the consumer electronically before the contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the Terms and Conditions can be viewed electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.
In cases where, in addition to these Terms and Conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and the consumer may, in the event of conflicting terms, always rely on the provision that is most favorable to them.
If one or more provisions in these Terms and Conditions are at any time wholly or partially void or annulled, the remaining provisions of the agreement and these Terms and Conditions shall remain in full force. The invalid provision shall be replaced by a provision that approximates the intent of the original 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 validity period or is made under specific conditions, this shall be explicitly stated in the offer.
All offers are non-binding. The entrepreneur reserves the right to modify or adjust the offer at any time.
The offer includes a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall provide a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to any claim for compensation or cancellation of the agreement. Product photos provide a truthful representation of the products offered, but the entrepreneur cannot guarantee that the colors displayed will exactly match the actual colors of the products.
Each offer contains information that clearly indicates to the consumer what rights and obligations are associated with acceptance of the offer. This includes, in particular:
The price, excluding customs clearance fees and import taxes. These additional costs are the responsibility of the customer. The postal and/or courier service may apply the special scheme for postal and courier services upon import. This scheme applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with clearance fees) from the recipient of the goods.
Any applicable shipping costs.
The manner in which the contract is concluded and what actions are required for that purpose.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and performance of the contract.
The period for accepting the offer, or the period during which the entrepreneur guarantees the price.
The rate charged for distance communication if the cost of using remote communication techniques is calculated on a basis other than the standard base rate.
Whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer.
The method by which the consumer can check and, if desired, correct the information provided by them before the conclusion of the contract.
The languages in which the contract may be concluded, in addition to English.
The codes of conduct to which the entrepreneur has committed and the manner in which the consumer can consult these codes electronically.
The minimum duration of the distance contract in the case of a continuing performance transaction.
Any available sizes, colors, and materials used.
ARTICLE 5 – THE AGREEMENT
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately 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 organizational 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 to protect these transactions.
Within the legal framework, the entrepreneur may obtain information about whether the consumer can meet their payment obligations, as well as other facts and factors that are relevant to responsibly concluding a distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request, providing justification, or to attach special conditions to its execution.
For every product or service, the entrepreneur shall provide the consumer, in writing or in a manner that allows the consumer to store it on a durable data carrier, with the following information:
The physical address of the entrepreneur’s business location where the consumer can submit complaints.
The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded.
Information on warranties and existing after-sales service.
The data referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information before the performance of the contract.
The requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the above information shall apply only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the right to withdraw from the agreement within 30 days without providing any reason. The withdrawal period begins on the day after the consumer, or a third party designated by the consumer and known to the entrepreneur, has received the products.
During the withdrawal period, the consumer shall handle the product and packaging with care. The consumer may 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 must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 30 days of receiving the goods. The consumer must do so in writing, for example by email. After notifying the entrepreneur of the withdrawal, the consumer must return the product within 30 days. The consumer must be able to prove that the goods were returned on time, for instance by providing proof of shipment.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is deemed final.
ARTICLE 7 – COSTS IN CASE 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 made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the returned product has already been received by the entrepreneur or the consumer has supplied sufficient proof of having returned the goods in full.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The entrepreneur may exclude the consumer’s right of withdrawal for products and services as described in paragraphs 2 and 3 of this article. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer before the conclusion of the contract.
The right of withdrawal may be excluded only for products:
manufactured according to the consumer’s specifications;
clearly of a personal nature;
which, by their nature, cannot be returned;
that are liable to deteriorate or expire rapidly;
whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;
single issues of newspapers or magazines;
audio or video recordings or computer software of which the consumer has broken the seal;
hygiene products of which the consumer has broken the seal.
The right of withdrawal may be excluded only for services:
relating to accommodation, transport, restaurant, or leisure activities to be carried out on a specific date or during a specific period;
that have begun with the consumer’s explicit consent before the end of the withdrawal period;
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.
If a price is reduced after purchase, the customer is not entitled to any form of compensation. By completing the purchase, the customer agrees to the price applicable at that time.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This obligation to price variation and the fact that the stated prices are indicative shall be clearly mentioned in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory provisions or regulations.
Price increases after three months following the conclusion of the agreement are only permitted if:
they result from statutory provisions or regulations; or
the consumer has expressly agreed to them.
In the event of a price increase after three months, the consumer has the right to terminate the agreement as of the date on which the price increase takes effect.
The place of delivery shall be determined in accordance with Article 5, paragraph 1, of the Dutch Turnover Tax Act 1968, which stipulates that the place of delivery is where transport begins. In this case, delivery takes place outside the EU. The postal or courier service will then charge the customer for import duties or customs clearance fees. As a result, no VAT will be charged by the entrepreneur.
All prices are subject to printing and typographical errors. The entrepreneur is not liable for the consequences of such errors. In the event of printing or 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, with the specifications stated in the offer, with reasonable standards of reliability and/or usability, and with the legal 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 beyond normal use.
Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur shall never be responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice given regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or altered the delivered products themselves, or has had them repaired and/or altered by third parties.
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions, or have been improperly packaged.
The defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.
ARTICLE 11 – DELIVERY AND PERFORMANCE
The entrepreneur shall exercise the utmost care when receiving and fulfilling product orders.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions of Article 4 of these Terms and Conditions, the company shall execute accepted orders as soon as possible, but no later than 14 days after the order was placed, 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 executed in part, the consumer shall be informed of this no later than 14 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and is entitled to a refund.
In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement product. Upon delivery, it will be clearly and understandably communicated that a replacement product is being supplied. The right of withdrawal cannot be excluded for replacement products.
The cost of any return shipment in the case of replacement shall be 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 previously designated and made known to the entrepreneur, unless expressly agreed otherwise.
ARTICLE 12 – CONTINUING TRANSACTIONS: DURATION, TERMINATION, AND RENEWAL
Termination
The consumer may terminate an agreement concluded for an indefinite period, which involves 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 a fixed-term agreement for the regular supply of products (including electricity) or services 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 and is not bound by a fixed notice date or period. Termination shall take place in the same manner as the agreement was concluded. The notice period imposed by the entrepreneur may not exceed that required of the consumer.
Renewal
A fixed-term agreement for the regular supply of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers or magazines may be tacitly renewed for a period not exceeding three months, provided that the consumer can terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.
A fixed-term agreement for the regular supply of products or services may only be automatically renewed for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month, or no more than three months in the case of agreements involving the regular delivery of daily, news, and weekly newspapers and magazines that are issued less than once a month.
A temporary agreement for the regular supply of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) shall not be automatically renewed and will terminate automatically at the end of 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, subject to a notice period of no more than one month, unless reasonableness and fairness dictate that termination before the end of the agreed term is unacceptable.
ARTICLE 13 – PAYMENT
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period shall begin once the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur shall be entitled, subject to legal limitations, to charge the consumer reasonable costs previously communicated to them.
ARTICLE 14 – COMPLAINTS PROCEDURE
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects. The complaint must be described fully and clearly.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.
If a complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution procedures.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur confirms otherwise in writing.
If the entrepreneur deems a complaint to be well-founded, the entrepreneur shall, at their discretion, 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 shall be governed exclusively by Dutch law, even if the consumer resides abroad.
ARTICLE 16 – SMS MARKETING
By agreeing to receive SMS marketing communications from Lenoriva at checkout and by making a purchase or signing up through our registration tools, you consent to receive recurring SMS messages from us. These may include order updates, abandoned cart reminders, marketing offers, promotional messages, and transactional texts such as review requests — even if your mobile number is registered on a national or regional “Do Not Call” list.
Message frequency may vary. Consent is not a condition of purchase.
If you no longer wish to receive SMS marketing messages or notifications, you can simply reply STOP to any message we send or use the unsubscribe link included in each of our messages. You understand and agree that alternative methods of opting out, such as using other words or requests, will not be considered a valid means of opting out.
We do not charge for this service, but you are responsible for any message or data rates that may be charged by your mobile service provider. Standard message and data rates may apply.
If you have any questions, reply HELP to the number from which you received the messages. You may also contact us through our contact form or via the contact details provided below.
We reserve the right to change the phone numbers or short codes used to deliver our service at any time. In such cases, you will be notified accordingly. You agree that messages sent to a changed phone number or short code, including STOP or HELP requests, may not be received, and we shall not be held responsible for honoring such requests if they are incorrectly sent.
To the extent permitted by law, you agree that we shall not be liable for any failures, delays, or inaccuracies in the delivery of information sent through the service, or for any actions you take or fail to take based on such information or the use of the service.
Your privacy rights are important to us. How we collect and use your personal data is explained in our Privacy Policy.
Contact Information
Email: support@averylane.com
Or contact us via the contact form on our website.
Company Information
Company name: Avery Lane Fashion
Address: Pastoor Spieringsstraat 123, 5401 GT Uden, The Netherlands
Email: support@averylane.com
Phone number: +31 645776699
Chamber of Commerce (KvK): 86533916
Opening Hours
Monday to Friday: 08:00 – 18:00
Saturday and Sunday: 10:00 – 16:00
We aim to respond to all emails within 24 hours.