Terms and conditions

This website is operated by Cevy. Throughout the site, the terms "we," "us," "our," and "the company" refer to Cevy. Cevy offers this website, including all information, tools, and services available on this site, to you, the user, provided that you agree to all terms, policies, and notices stated herein.

By visiting our site and/or making a purchase from us, you agree to our "Service" and consent to abide by the following terms and conditions ("Terms of Service," "Terms"), including any additional terms and policies referred to herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who browse, suppliers, customers, vendors, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing 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 may not access the website or use the 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 store will also be subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change, 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 periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides 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 of legal age in the state or province where you reside, or that you are of legal age in the state or province where you reside and that you have given us consent for any minor dependents to use this site.

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

You must not transmit worms, viruses, or any code of a destructive nature. A breach of or failure to comply with any of the Terms will result in the 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 information) may be transferred unencrypted and (a) involve transmissions over various networks; and (b) be modified to conform to and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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

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:

• Cooling-off Period: The period during which the consumer can exercise the right of withdrawal;
• Consumer: A natural person who is not acting in the course of their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
• Day: 12-12-2023;
• Long-Term Transaction: A distance contract relating to a range of products and/or services, where the delivery and/or performance is spread out over time;
• Durable Data Carrier: Any medium that enables the consumer or the 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 possibility for the consumer to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: A 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 as part of an organized distance sales system for products and/or services, where up to and including the conclusion of the contract, exclusively one or more techniques for distance communication are used;
• Distance Communication Technique: A means that can be used to conclude a contract, without the consumer and entrepreneur being in the same physical space.

ARTICLE 2 - IDENTITY OF THE COMPANY

• Company Name: APH Commerce
• Chamber of Commerce Number: [To be added]
• Trade Name: APH Commerce
• VAT Number: NL865260205B01
• Customer Service Email: support@shopcevy.com
• Company Address: Sonckstraat 7, 1623JH Hoorn

ARTICLE 3 - APPLICABILITY

These general terms and conditions apply to any offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before concluding the distance contract that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically before the distance contract is concluded, in such a way that it can be stored on a durable data carrier by the consumer. If this is not reasonably possible, it will be indicated before concluding the distance contract 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 conditions also apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and the consumer may always rely on the provision that is most favorable to them in case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or annulled, the remaining provisions of the agreement and these terms will remain in effect, and the invalid provision will be replaced by a provision that as closely as possible reflects the original intent.

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

Ambiguities regarding the interpretation or content of one or more provisions of our terms should be interpreted "in the spirit" of these terms and conditions.

ARTICLE 4 - THE OFFER

If an offer has a limited duration or is subject to conditions, this will be clearly stated in the offer.

The offer is non-binding. The entrepreneur has the right to modify 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 an adequate assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the contract. Product images are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer contains information that clearly outlines the rights and obligations for the consumer associated with accepting the offer. This includes:

• The price, excluding customs duties and import VAT. These additional costs are the responsibility and risk of the customer. The postal or courier service will use special arrangements for postal and courier services. This arrangement applies if goods are imported into the destination country within the EU, as in this case. The postal or courier service will collect VAT (possibly along with any charged customs duties) from the recipient of the goods;
• Any shipping costs;
• How the contract is concluded and the necessary actions;
• The applicability of the right of withdrawal;
• The payment method, delivery, and execution of the contract;
• The period for accepting the offer or the period during which the entrepreneur guarantees the price;
• The amount of the fee for remote communication if the costs for using the communication technique are calculated on a basis other than the normal base rate for the communication method used;
• Whether the contract will be archived after conclusion and, if so, how the consumer can access it;
• How the consumer can check and, if desired, correct the data provided within the framework of the contract before the contract is concluded;
• Any other languages in which the contract, in addition to Dutch, can be concluded;
• The codes of conduct to which the entrepreneur is subject and how the consumer can electronically consult these codes of conduct; and
• The minimum duration of the distance contract in the case of a long-term transaction.
• Optional: available sizes, colours, types of materials.

ARTICLE 5 - THE CONTRACT

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the specified conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until this acceptance has been confirmed by the entrepreneur, the consumer can cancel the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to ensure the security of electronic data transfer and to guarantee a secure web environment. If the consumer can make an electronic payment, the entrepreneur will implement appropriate security measures.

The entrepreneur may, within legal limits, investigate whether the consumer can meet his payment obligations, as well as all relevant facts and factors for a responsible conclusion of the distance contract. If the entrepreneur has sound reasons for not concluding the contract based on this investigation, he has the right to refuse a motivated order or request, or to subject it to specific conditions.

The entrepreneur will provide the consumer, together with the product or service, with the following information, either in writing or in a way that the consumer can easily store on a durable medium:

• The business address of the entrepreneur where the consumer can lodge complaints;
• The conditions and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information about any guarantees and after-sales services;
• The data mentioned in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the conclusion of the contract;
• The requirements for terminating 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 of the previous paragraph only applies to the first delivery.

Each contract is concluded under the condition of sufficient availability of the relevant products.

ARTICLE 6 - THE RIGHT OF WITHDRAWAL

For the purchase of products, the consumer has the option to cancel the contract without giving any reason within 14 days. This reflection period starts the day after the consumer or a representative designated by the consumer receives the product.

During the reflection period, the consumer must handle the product and the packaging with care. The product may only be opened or used to the extent necessary to determine whether the consumer wishes to keep it. If the right of withdrawal is exercised, the product must be returned with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise the right of withdrawal, he must notify the entrepreneur within 14 days after receiving the product. The notification must be made via a written message or email. After the consumer has communicated his intention to exercise the right of withdrawal, the product must be returned within 14 days. The consumer must prove that the goods were returned on time, for example, with proof of dispatch.

If the consumer does not communicate his intention to exercise the right of withdrawal or does not return the product within the time limits specified in paragraphs 2 and 3, the sale is final.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises the 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, and in any case within 14 days after withdrawal. However, this is on the condition that the product has already been returned to the entrepreneur or that conclusive proof of complete return has been provided.

ARTICLE 8 - EXCLUSION OF THE 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 otherwise in good time before the conclusion of the contract.

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

• That have been made by the entrepreneur according to the consumer's specifications;
• That are clearly personal;
• That cannot be returned due to their nature;
• That can spoil or age quickly;
• Whose price is tied to fluctuations in the financial market over which the entrepreneur has no control;
• For individual newspapers and magazines;
• For audio and video recordings and computer software if the consumer has broken the seal;
• For hygiene products if the consumer has broken the seal.

EXCLUSION OF THE RIGHT OF WITHDRAWAL

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

• Relating to accommodation, transport, catering, or recreational activities that need to be provided on a specific date or within a specific period;
• Where the service has commenced with the consumer's express consent before the end of the reflection period;
• Relating to betting and lotteries.

ARTICLE 9 - THE PRICE

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

Notwithstanding the above, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no control, with variable prices. This link to fluctuations and the fact that any indicated prices are indicative will be specified in the offer.

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

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

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

Delivery takes place in accordance with Article 5, section 1 of the VAT Act 1968, in the country where the transport begins. In this case, delivery will occur outside the EU. Consequently, the postal or courier service will charge VAT on import and/or customs duties to the recipient. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typesetting errors. The entrepreneur accepts no liability for the consequences of printing and typesetting errors. In the case of printing and typesetting 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 contract, the specifications stated in the offer, reasonable quality and/or suitability requirements, and the laws and/or government regulations in force on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than the normal use.

A warranty provided by the entrepreneur, the manufacturer, or the importer does not affect the rights and legal actions that the consumer may exercise against the entrepreneur based on the contract.

Any defects or incorrect products must be reported to the entrepreneur in writing within 14 days after delivery. The product must be returned in its 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 a specific application by the consumer, nor for any advice on 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 has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have been handled carelessly or not in accordance with the instructions and/or packaging provided by the entrepreneur;
• The defect is wholly or partly caused by current or future regulations of authorities regarding the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND EXECUTION

The entrepreneur will exercise the utmost care in accepting and executing orders for products.

The place of delivery is the address provided by the consumer to the company.

In accordance with Article 4 of these general terms and conditions, the company will execute accepted orders with the utmost speed, but no later than within 30 days, unless otherwise agreed with the consumer regarding a longer delivery time. In the event of a delay in delivery or if an order cannot be executed or can only be partially executed, the consumer will be informed within 30 days of the order date. In such cases, the consumer has the right to terminate the contract without costs and to claim compensation for any damage.

In the case of termination as described in the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, and in any case within 14 days after the termination.

If the delivery of an ordered product proves impossible, the entrepreneur will try to provide a substitute item. It will be clearly and understandably communicated at the time of delivery that a substitute item is being provided. The right of withdrawal cannot be excluded for substitute items. The costs of any returns are borne by the entrepreneur.

The risk of damage and/or loss of the products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated and communicated by the entrepreneur, unless otherwise agreed.

ARTICLE 12 - LONG-TERM TRANSACTIONS: DURATION, TERMINATION, AND EXTENSION

Termination

The consumer may terminate an agreement of indefinite duration that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate a fixed-term agreement that provides for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a maximum notice period of one month.

The consumer may terminate the contracts referred to in the previous paragraphs:

• At any time, without being limited to a specific date or termination period;
• At least in the same manner as they were concluded;
• Always with a notice period that is equal to the notice period that the entrepreneur has provided for itself.

Extension

A fixed-term agreement that provides for the regular delivery of products (including electricity) or services may not be extended or renewed tacitly for a fixed term.

Notwithstanding the previous paragraph, a fixed-term agreement that provides for the regular delivery of daily or weekly newspapers and magazines may be extended tacitly for a fixed term of up to three months, provided that the consumer can terminate the contract at the end of the extension with a notice period of up to one month.

A fixed-term agreement for the regular delivery of products or services may only be extended tacitly for an indefinite term if the consumer can terminate the contract at any time with a notice period of no more than one month. The notice period must be stated in writing.

A contract for the regular delivery of products or services with a fixed term of more than one year may only be extended tacitly for an indefinite term if the consumer can terminate the contract at any time with a notice period of no more than one month, and a fixed term of no more than three months for products or services that are delivered regularly but less than once a month.

ARTICLE 13 - PAYMENT

The consumer must pay the agreed price within the period specified in the offer, which may not be longer than 14 days after the conclusion of the contract, unless otherwise agreed.

The consumer is obliged to report any inaccuracies in the payment details provided or mentioned immediately to the entrepreneur.

In the event of non-payment or late payment, the entrepreneur, after reminding the consumer of the late payment and providing a period of 14 days to make the payment, has the right to charge statutory interest on the outstanding amount and/or collect debt collection costs.

ARTICLE 14 - COMPLAINTS PROCEDURE

The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this procedure.

Complaints about the performance of the contract must be submitted to the entrepreneur within a reasonable period, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days of the receipt date. 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.

The consumer must give the entrepreneur at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that falls under the dispute resolution procedure.

ARTICLE 15 - DISPUTES

All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed by Dutch law.

Disputes arising from an agreement between the entrepreneur and the consumer that cannot be resolved by mutual agreement may be submitted to the competent court in the entrepreneur’s place of establishment.

ARTICLE 16 - PERSONAL DATA

The provision of personal data through the shop is subject to our Privacy Policy. You can view our privacy policy [here].

ARTICLE 17 - ERRORS, INACCURACIES, AND OMISSIONS

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

We are not obligated to update, amend, or clarify information in the Services or on a related website, including but not limited to pricing information, except as required by law. No specific update or revision date should be applied to the Services or a related website to indicate that all information in the Services or on a related website has been modified or updated.

ARTICLE 18 - CHANGES TO THE SERVICE TERMS

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

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

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

ARTICLE 19 - CESOP

As a result of the enhanced measures introduced in 2024 concerning the "Amendment to the VAT Act 1968 (Implementation Act for the Payment Services Directive)" and the implementation of the Central Electronic System for Payment Information (CESOP), payment service providers may register data in the European CESOP system.