Terms of Service
Article 1 – Definitions
The following definitions apply in these general terms and conditions:
Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who concludes a distance contract with the trader;
Day: calendar day;
Long-term contract: a distance contract relating to a series of products and/or services for which the delivery and/or purchase obligation is spread over time;
Durable medium: any tool that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction;
Right of withdrawal: the possibility for the consumer to terminate the distance contract within the withdrawal period;
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within a system organized by the trader for the distance sale of products and/or services, using exclusively one or more means of distance communication until the conclusion of the contract;
Means of distance communication: any tool that can be used to conclude a contract without the consumer and trader being present simultaneously in the same location;
General terms and conditions: these general conditions of the trader.
Article 2 – Applicability
These general terms and conditions apply to every offer made by the trader and to any distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed prior to the conclusion of the distance contract where the terms can be consulted, and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these terms may be made available electronically in a manner that allows the consumer to store them easily on a durable medium. If this is not reasonably possible, the consumer will be informed prior to conclusion of the contract where the terms can be accessed electronically and that they will be sent electronically or by other means upon request.
If additional product or service-specific terms apply, the second and third paragraphs apply correspondingly, and in case of conflicting clauses, the consumer may always invoke the clause most favorable to them.
If one or more provisions of these terms are null or annulled at any time, the remainder of the contract and terms shall remain in effect, and the relevant provision will be replaced by mutual agreement by a provision that most closely approximates the original intent.
Situations not covered by these terms must be evaluated “in the spirit” of these terms.
Questions regarding the interpretation or content of one or more provisions must be interpreted “in the spirit” of these terms.
Article 3 – The Offer
If an offer has limited validity or is subject to conditions, this will be clearly stated.
The offer is non-binding. The trader reserves the right to modify or adjust 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 make a proper assessment. If the trader uses images, they accurately reflect the products and/or services offered. Obvious mistakes do not bind the trader.
All images and specifications included are indicative and may not give rise to compensation or dissolution of the contract.
Images accompanying products represent them as accurately as possible; however, the trader cannot guarantee that displayed colors exactly match the real product colors.
Each offer contains the information needed for the consumer to understand their rights and obligations, including:
The price excluding customs and import VAT, which remain payable by the customer. Postal and/or courier services apply the special postal services scheme for imports. VAT and any fees will be charged to the recipient;
Any delivery charges;
The way the contract is concluded and the steps required;
Whether the right of withdrawal applies or not;
The method of payment, delivery, and execution of the contract;
The period during which the offer remains valid or the price remains guaranteed;
The cost of distance communication if different from the basic rate;
Whether an archived version of the contract is stored and accessible to the consumer;
How the consumer may verify and correct submitted data before the contract is concluded;
The languages available for concluding the contract, besides French;
Codes of conduct the trader adheres to and how the consumer may consult them electronically;
The minimum term of the distance contract in case of continuous services.
Optional: available sizes, colors, material type.
Article 4 – The Contract
Subject to the provisions of Article 4, the contract is concluded when the consumer accepts the offer and meets all conditions.
If the consumer accepts the offer electronically, the trader will confirm receipt of acceptance electronically. Until this confirmation is received, the consumer may terminate the contract.
If the contract is concluded electronically, the trader will implement the appropriate technical and organizational measures to secure data transmission and provide a safe online environment. If electronic payment is possible, the trader will implement the necessary security measures.
The trader may, within legal limits, verify whether the consumer can meet their payment obligations, as well as check facts relevant to responsibly concluding the distance contract. If such investigation gives the trader valid grounds to refuse the contract, they may reject the order or impose special conditions, stating reasons.
The trader will send the consumer the following information in writing or on a durable medium with the product or service:
The trader’s official address for submitting complaints;
Conditions and procedures for exercising the right of withdrawal or its exclusion;
Information about warranties and after-sales service;
Information from Article 4.3 unless already given prior to contract conclusion;
Cancellation terms for contracts lasting more than one year or indefinite contracts.
For continuous contracts, the above applies only to the first delivery.
All contracts are concluded subject to sufficient availability of the products.
Article 5 – Right of Withdrawal
When purchasing products, the consumer has 30 days to withdraw from the contract without giving reasons. This period begins the day after the consumer or a designated third party receives the product.
During this period, the consumer must handle the product and packaging with care. They may only unpack or use it to the extent necessary to determine its nature, characteristics, and functioning.
If the right of withdrawal is exercised, the product must be returned to the trader with all supplied accessories, and if reasonably possible, in its original condition and packaging, following the trader’s reasonable and clear instructions.
To exercise this right, the consumer must notify the trader within 14 days after receiving the product, in writing or by email. After notification, they have an additional 14 days to return the product.
The consumer must be able to prove timely return, for example with proof of shipment.
If the consumer does not notify their withdrawal or does not return the product within the deadlines, the sale becomes final.
Article 6 – Costs in Case of Withdrawal
If the right of withdrawal is exercised, the consumer bears the return shipping costs.
If the consumer has already paid an amount, the trader will refund it as soon as possible and within 30 days after the withdrawal, provided the product has been received or proof of full return has been supplied.
Article 7 – Exclusion of Right of Withdrawal
The trader may exclude the right of withdrawal for products described in paragraphs 2 and 3, provided this was clearly stated in the offer or at the latest before conclusion of the contract.
Exclusion is possible for products:
Made to consumer specifications;
Clearly personalized;
Which by their nature cannot be returned;
Which deteriorate or expire quickly;
Whose price depends on financial market fluctuations;
Individual newspapers and magazines;
Audio/video recordings or software with broken seals;
Hygiene products with broken seals.
Exclusion is also possible for services:
Related to accommodation, transport, catering, or leisure activities on a fixed date or period;
Whose execution began with explicit consumer consent before the withdrawal period ended;
Related to gambling or lotteries.
Article 8 – Price
During the validity period stated in the offer, prices will not increase unless due to changes in VAT legislation.
The trader may offer products or services whose prices fluctuate with the financial market independently of the trader. In this case, prices are indicative and clearly stated as such.
Price increases within three months after contract conclusion are allowed only if legally required. After this period, increases are allowed only if:
They follow legal or regulatory changes, or
The consumer may cancel the contract effective on the date the increase takes effect.
In accordance with Dutch VAT law, the place of delivery is the country where transport begins. If transport starts outside the EU, import VAT or customs duties will be charged to the customer by the courier. The trader will therefore not charge VAT.
All prices may be subject to typographical errors. No liability will be accepted for consequences of such errors. In the case of an obvious mistake, the trader is not required to honor incorrect pricing.
Article 9 – Trader Identity
Company name: Lutique
Chamber of Commerce number: 91865522
Trade name: VD Eazydrop
VAT number: NL004921076B07
Customer service email: contact@lutique.com
Address: Netherlands
Article 10 – Conformity and Warranty
The trader guarantees that the delivered products and/or services comply with the contract, the offer specifications, reasonable requirements of reliability and usability, and applicable legal regulations.
If agreed, the trader also guarantees suitability for non-standard use.
A warranty issued by the trader, manufacturer, or importer does not affect legal rights.
Defective or incorrectly delivered products must be reported within 30 days. Products must be returned in original packaging and unused condition.
Warranty becomes void if:
The consumer repairs or modifies the product themselves or via a third party;
The product is exposed to abnormal conditions or used contrary to instructions;
Defects result from government regulations on materials.
Article 11 – Delivery and Execution
The trader will exercise the utmost care when receiving and executing product orders.
The delivery address is the one provided by the consumer.
Unless otherwise specified, orders will be executed as quickly as possible and within 30 days unless a longer period is agreed. If delayed or impossible, the consumer will be informed within 30 days and may cancel the order free of charge.
In case of cancellation, the trader will refund the consumer within 14 days.
If delivery is impossible, a replacement item may be offered. This will be clearly indicated.
Return costs for replacements are borne by the trader.
Risk of damage or loss remains with the trader until delivery to the consumer or designated representative.
Article 12 – Long-term Contracts: Duration, Termination, Renewal
Termination
The consumer may terminate an indefinite contract for regular product/service delivery at any time with a notice period of one month.
A fixed-term contract may be terminated at its end with a one-month notice period.
Contracts may be terminated:
At any time;
In the same manner they were concluded;
With the same notice period required of the trader.
Renewal
Fixed-term contracts may not be automatically renewed for a fixed period.
Exception: newspaper or magazine subscriptions may be renewed once for up to three months.
Indefinite renewal is allowed only if the consumer may terminate at any time with one month’s notice (or three months for monthly publications).
Trial subscriptions end automatically at the end of the trial period.
Duration
If a contract lasts more than one year, the consumer may terminate it after one year with one month's notice.
Article 13 – Payment
Unless otherwise agreed, payments must be made within 7 working days of the start of the withdrawal period.
The consumer must inform the trader immediately of payment errors.
In case of non-payment, the trader may charge reasonable costs previously communicated.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days after identifying a defect.
The trader responds within 14 days. If more time is needed, an acknowledgment will be sent with an estimated response date.
Unresolved complaints may lead to dispute resolution procedures.
A complaint does not suspend obligations unless stated.
If justified, the trader will replace or repair the product free of charge.
Article 15 – Disputes
Contracts between trader and consumer are governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
Due to measures introduced in 2024 relating to the amendment of the Dutch VAT Act (Payment Service Providers Directive) and implementation of the Central Electronic Payment Information System (CESOP), payment service providers may be required to record certain information in the European CESOP system.