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1. Applicability
1.1 To all offers, orders and agreements of L'eau Vive BV, to the exclusion of any other general conditions, these General Sales Conditions (hereinafter: Conditions) apply. These Conditions will be sent by us on request.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms.
1.3 The provisions of these Conditions may only be deviated from in writing, in which case the remaining provisions shall remain in full force.
1.4 All rights and claims, as in these conditions and any further agreements for L'eau Vive BV are stipulated, are also stipulated for by L'eau Vive intermediaries and other third parties. The agreement is only concluded after acceptance of your order by L'eau Vive. L'eau Vive is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, L'eau Vive shall communicate this within ten (10) working days after receipt of the order. 

2. Prices/offers
2.1 All offers of L'eau Vive BV are without obligation and L'eau Vive BV expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations.
2.2 All prices are stated in euros, including VAT and excluding shipping costs and options. 

3. Returns
3.1 All articles may be returned within 14 days of receipt without giving reasons. The amount already paid by you will in that case be refunded within 30 days. However, it is hereby expressly stipulated that the articles must be delivered to L'eau Vive BV in undamaged condition and, if reasonably possible, in the original packaging. This is in accordance with the Distance Selling Act. If this aspect is not observed, we can unfortunately not take back the articles and the payment is not undone. The shipping costs are for your account. 

3.2 You are obliged to check whether the articles delivered to your home are in accordance with the order. If this is not the case, you can report this within 7 days by e-mail to L'eau Vive, stating the item and a clear explanation of why it does not comply. L'eau Vive will replace the item or cancel your payment if it has been proven that you do not accept the item on legitimate grounds.

3.3 In the exceptional case of an article being sent to you that does not comply with the order, L'eau Vive reserves the right to replace the article with a new one or to refund the amount paid. In this case, L'eau Vive will bear the return postage costs.

3.4 If you are returning something, please follow these steps:
- Keep your proof of return, this is your guarantee;
- The return address is: L'eau Vive Retour, Nieuwstraat 19, 3141AA in Maassluis;
- Please include a fully completed return form;
- Pack the items in such a way that damage is avoided.

3.5 Refunds will only be made to the original account, which was also used to pay for the order.

3.6 Unstamped returns will not be accepted. 

3.7 Sale items and swimwear cannot be returned or exchanged. You will not receive any money back for these items. If you do return them, you can pick up your shipment at your own expense or have it sent to you. 

4. Payments
4.1 Payments are made via iDeal. Orders can also be collected at L'eau Vive, Zuidvliet 9, 3142 AL Maassluis. 

5. Delivery
The delivery times stated by L'eau Vive are indicative only. Exceeding said delivery time does not entitle you to compensation. However, if the delivery period exceeds 30 days, you are entitled to cancel the order or dissolve the agreement insofar as this is necessary. Amounts already collected will in that case be refunded by L'eau Vive within 30 days.

6. Retention of title 
Ownership of delivered products shall not be transferred until you have paid all amounts owed to L'eau Vive under any agreement. The risk in respect of the products is transferred to you at the time of delivery.

7. Warranty
The warranty is determined by the applicable law, whereby in the event of defects we will, if desired, first exchange or repair the products. If a product cannot be repaired or if the exchanged product is also defective, you may return the products for a full refund of the purchase price. It is also possible to keep the products and receive a partial refund. If the product has caused damage, the compensation for the damage suffered will never exceed the purchase price plus the return costs of the product. 

8. Electronic communication and proof
8.1 L'eau Vive shall not be liable for any misunderstandings, mutilations, delays or improper transmission of data and messages resulting from the use of the Internet or any other means of communication in the traffic between you and L'eau Vive (or any third parties engaged by you), unless and insofar as there is intent or gross negligence on the part of L'eau Vive.
8.2 L'eau Vive's records shall serve as full evidence of the existence, content and performance of the agreement with you in any legal proceedings, until proven otherwise by the party relying on the fact that the evidence is not reliable.

9. Force majeure
9.1 Without prejudice to its other rights, L'eau Vive shall, in the event of force majeure, have the right, at its own discretion, to suspend execution of your order, or to dissolve the contract without judicial intervention, by informing you of this in writing and without L'eau Vive being liable for any compensation, unless, in the given circumstances, this would be unacceptable according to standards of reasonableness and fairness.
9.2 Force majeure is defined as any shortcoming that cannot be attributed to L'eau Vive, because it is not due to its fault, and not under the law, legal act or generally accepted practice.

10. Miscellaneous
10.1 Should one or more of the provisions of these Terms and Conditions or any other agreement with L'eau Vive be in conflict with any applicable legal provision, the provision in question will cease to apply and will be replaced by a new comparable provision to be determined by L'eau Vive in accordance with the law.
10.2 L'eau Vive shall be entitled to make use of third parties in the execution of your order(s).

11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
11.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.

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