Terms of Service

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Withdrawal period : the period within which the consumer may exercise his right of withdrawal;

Consumer : the natural person who, while not acting in the exercise of a trade or profession, concludes a distance contract with the trader;

Day : calendar day;

Fixed-term contract : a distance contract for a series of products and/or services, the delivery and/or purchase of which extends over a specific period of time;

Durable medium : any means enabling the consumer or trader to store information addressed personally to him in a way that allows future retrieval and unaltered reproduction of the information stored.

Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur : the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract : a contract in which, within the framework of a distance selling system for goods and/or services organised by the trader, one or more means of distance communication are used exclusively up to the conclusion of the contract.

Contract;

 

Home delivery refused/not delivered by the post office:

 

If the parcel is not accepted or collected by the post office, it will automatically be returned to the courier and we reserve the right to deduct €15 from the amount you will receive in return.

Means of distance communication : means by which a contract can be concluded without the consumer and the trader being in the same place at the same time.

General Terms and Conditions : these General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the entrepreneur

Company name: Invictus

Chamber of Commerce number: 94148406

Brand names: Invictus

Article no.: NL866654100B01

Email customer service: support@cloverandcove.com

Company address: Torenlaan 5B, Bussum 1402 AT, The Netherlands

 

Article 3 – Applicability

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

Before concluding the distance contract, the consumer will be provided with the text of these general terms and conditions. If this is not reasonable, the consumer will be informed before concluding the distance contract that the general terms and conditions are available for inspection at the trader's business premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer in an electronic format in such a way that the consumer can easily store it on a durable medium. If this is not reasonably practicable, the consumer shall be informed before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request, either electronically or by other means.

In the event that specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly and, in the event of conflicting General Terms and Conditions, the consumer may always rely on the provision that is most favorable to him.

Should one or more provisions of these General Terms and Conditions be invalid or void in whole or in part at any time, the contract and these General Terms and Conditions shall remain unaffected and the provision in question shall be replaced immediately by mutual agreement with a provision that comes as close as possible to the meaning of the original provision.

Situations not covered by these Terms and Conditions must be assessed “in the spirit” of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted “in the spirit” of these General Terms and Conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

Offer subject to change. The entrepreneur reserves the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these represent a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are guidelines only and cannot constitute grounds for compensation or termination of the contract.

The images accompanying the products faithfully represent the products offered. The operator cannot guarantee that the colors depicted exactly match the actual colors of the products.

Each offer contains information that clearly indicates to the consumer the rights and obligations associated with accepting the offer. This applies in particular to:

The price excludes customs clearance fees and import VAT. These additional costs are borne by and at the customer's risk. The postal and/or courier service applies the special regime for postal and courier services with regard to imports. This regulation applies when the goods, as in this case, are imported into the EU country of destination. The postal and/or courier service collects VAT (with or without customs clearance fees) from the recipient of the goods;

any shipping costs;

how the agreement is concluded and what measures are necessary for this purpose;

whether or not there is a right of withdrawal;

the payment, delivery and contract processing methods;

the period for accepting the offer or the period within which the trader guarantees the price;

the amount of the distance communication charges if the costs of using the means of distance communication are calculated on a basis other than the regular basic charge for the means of communication used;

whether the contract is archived after its conclusion and, if so, how the consumer can access it;

the manner in which the consumer can check and, where appropriate, correct the data he has provided under the contract before concluding the contract;

all languages other than Dutch in which the contract can be concluded;

the codes of conduct to which the trader adheres and the manner in which the consumer can consult those codes in electronic form; AND

the minimum term of the distance selling contract for a forward transaction.

Optional: available sizes, colors, material types.

Article 5 - The Treaty

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the trader does not confirm receipt of this acceptance, the consumer may withdraw from the contract.

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

The trader may – within the legal framework – obtain information about the consumer's ability to meet their payment obligations, as well as about all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this assessment, the trader has valid reasons not to conclude the contract, they are entitled to reject the order or request, stating their reasons, or to make the execution subject to special conditions.

The trader shall provide the consumer with the following information together with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

1. the address of the trader's establishment where the consumer may submit his complaints;
2. the conditions under which and how the consumer may exercise his right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
3. Information on warranties and existing customer service;
4. the data referred to in Article 4(3) of these terms and conditions, unless the trader has already provided these data to the consumer before the conclusion of the contract;
5. the conditions for terminating the contract if the contract has a term of more than one year or is for an indefinite period.

In the case of a forward contract, the provisions of the preceding paragraph shall apply only to the first delivery.

Any contract is concluded subject to the condition precedent of sufficient availability of the products in question.

Article 6 - Right of withdrawal

When purchasing goods, the consumer has the right to withdraw from the contract within fourteen days without giving any reason. This cooling-off period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer and notified to the trader.

During the cooling-off period, the consumer will handle the product and its packaging with care. You will only unpack or use the product to the extent necessary to assess whether you wish to keep the product. If you exercise your right of withdrawal, you must return the product to the entrepreneur with all supplied accessories and, where possible, in its original condition and packaging, in accordance with the entrepreneur's reasonable and clear instructions.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur by written notice/email. After declaring their wish to exercise their right of withdrawal, the consumer must return the product to its place of origin within 14 days. The consumer must provide proof that they have returned the delivered goods in a timely manner, for example by providing proof of shipment.

If the customer has not expressed his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur within the time limits referred to in paragraphs 2 and 3, the purchase shall be deemed to have taken place.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the consumer shall bear the costs of returning the products.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is provided that the product has already been returned to the entrepreneur or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly indicated this in the offer or at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for the following products:

1. that the entrepreneur produces according to the consumer’s specifications;
2. which are clearly of a personal nature;
3. which cannot be returned due to their nature;
4. which can deteriorate or age rapidly;
5. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software whose seal has been removed by the consumer.
8. for hygiene products whose seal has been broken by the consumer.

The exclusion of the right of withdrawal is only possible for the following services:

1. relating to accommodation, transport, catering or entertainment activities to be carried out on a specific date or during a specific period;
2. the delivery of which has begun with the express consent of the consumer before the end of the cooling-off period;
3. About betting and lotteries.

Article 9 - The Price

During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

By way of derogation from the previous paragraph, the trader may offer products or services at variable prices, the prices of which are subject to fluctuations in the financial market over which the trader has no control. This freedom from fluctuation and the fact that the prices stated are indicative prices will be indicated in the offer.

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

Price increases effective 3 months after the conclusion of the contract are only permissible if the entrepreneur has agreed to them and:

1. arise from legal provisions or regulations; OR
2. The consumer has the option to withdraw from the contract from the day the price increase comes into effect.

According to Section 5, Paragraph 1 of the Value Added Tax Act 1968, the place of delivery is the country in which the transport begins. In this case, delivery takes place outside the EU. The import VAT or customs clearance fee is then collected from the customer by the postal service provider or courier. As a result, the entrepreneur is not charged any VAT.

All prices are subject to printing and typesetting errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the company is not obligated to deliver the goods at the incorrect price.

Article 10 - Conformity and guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of suitability and/or usability, and the legal provisions and/or government regulations existing at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

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

Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. 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 and does not provide any advice regarding the use or application of the products.

The guarantee does not apply if:

The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

The delivered products have been subjected to abnormal conditions or have been handled in a careless manner or contrary to the instructions of the entrepreneur and/or the packaging;

The defect is wholly or partly the result of regulations issued or to be issued by the Government regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will act with the greatest possible care when accepting and executing product orders.

The place of delivery is the address communicated by the consumer to the entrepreneur.

Without prejudice to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders as quickly as possible and in any event within 30 days, unless the consumer has agreed to a longer delivery period. In the event of delivery delays or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after the order has been placed. In this case, the consumer has the right to withdraw from the contract free of charge and, where applicable, to claim compensation.

In the event of termination in accordance with the previous paragraph, the trader shall reimburse the consumer the amount paid as soon as possible and no later than 14 days after termination.

If delivery of the ordered product is not possible, the entrepreneur undertakes to deliver a replacement item. You will be informed clearly and understandably at the time of delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for exchanged items. The entrepreneur bears the return shipping costs.

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

Article 12 - Forward transactions: duration, termination and extension

planning

The consumer may terminate a contract concluded for an indefinite period for the regular supply of products (including electricity) or for the provision of services at any time, subject to compliance with the agreed termination rules and with a notice period of no more than one month.

In the case of a fixed-term contract for the regular delivery of products (including electricity) or the provision of services, the consumer may withdraw from the contract at any time after the expiration of the term. The agreed termination rules and a maximum notice period of one month apply.

The consumer may change the agreements referred to in the preceding paragraphs:

may be terminated at any time and is not limited to termination at a specific time or for a specific period;

to complete it at least as he completed it;

You can always terminate the contract with the same notice period as the entrepreneur himself has set.

extension

A contract concluded for a specific period for the regular supply of products (including electricity) or the regular provision of services may not be tacitly extended or renewed for a specific period.

By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer withdraws from the renewed contract at the end of the renewal period, giving up to one month's notice.

A fixed-term contract for the regular delivery of goods or the provision of services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month. For contracts for the regular delivery of daily or weekly newspapers and magazines, but less than once a month, the notice period is three months.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines within the framework of an introductory subscription (trial or introductory subscription) is not concluded tacitly and ends automatically upon expiry of the trial or introductory period.

Length of time

If the contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and equity preclude termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, any amounts owed by the consumer must be paid within 7 working days of the start of the withdrawal period referred to in Article 6(1). In the case of a contract for the provision of services, this period shall begin after the consumer has received confirmation of the contract.

The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the payment data provided or stated.

In the event of non-payment by the consumer, the trader is entitled, subject to statutory restrictions, to charge the consumer reasonable costs notified in advance.

Article 14 - Complaints procedure

Complaints regarding the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be settled amicably, a dispute arises which is subject to dispute resolution.

A complaint shall not result in the suspension of the Operator’s obligations unless the Operator declares otherwise in writing.

If the Operator considers the complaint to be justified, it will replace or repair the delivered products free of charge at its discretion.

Article 15 - Legal disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer lives abroad.

Article 16 - CESOP

Due to the tightened measures introduced from 2024 in connection with the “VAT Amendment Act 1968 (Implementation Act to the Payment Service Providers Directive)” and thus with the introduction of the Central Electronic Payment Information System (CESOP), payment service providers can register data in the European CESOP system.