Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuing performance 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 data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer’s option 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 concluded within the framework of a system organized by the entrepreneur 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 techniques for distance communication;

Technique for distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space.

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

Article 2 – Identity of the Entrepreneur

Business name: Amplifize B.V.
Chamber of Commerce (KvK) number: 95779582
Trade name: Tovaya
VAT number: NL867294073B01
Customer service email: info@tovaya.nl
Visiting address: Kingsfordweg 151, Amsterdam, 1043GR, Netherlands

Article 3 – Applicability

These general terms and conditions apply to every offer of 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 general terms and conditions will be made available to the consumer. If this is reasonably not possible, prior to the conclusion of the distance contract it will be indicated that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably not possible, before the distance contract is concluded it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in case of conflicting conditions the consumer can always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the purport of the original as closely as possible.

Situations not provided for in these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms shall 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 made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This particularly concerns:

• the price, excluding clearance costs and import VAT. These additional costs will be for the customer’s account and risk. With regard to the import, the postal and/or courier service will make use of the special scheme for postal and courier services. This scheme applies if the 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 the clearance costs charged) from the recipient of the goods;
  
  

• any shipping costs;
  
  

• the manner in which the contract will be concluded and which 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 within which the entrepreneur guarantees the price;
  
  

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

• whether the contract will be archived after its conclusion, and, if so, how it can be consulted by the consumer;
  
  

• the way in which the consumer, before concluding the contract, can check and, if desired, rectify the data they have provided in the context of the contract;
  
  

• the possible other languages in which, in addition to Dutch, the contract may be concluded;
  
  

• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  
  

• the minimum duration of the distance contract in the event of a continuing performance contract.
  Optional: available sizes, colors, types of materials.
  
  

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

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

The entrepreneur may—within legal frameworks—ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or application with reasons, or to attach special conditions to the performance.

The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, with the product or service:

1. the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
   
   

2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   
   

3. information on guarantees and existing after-sales service;
   
   

4. the data referred to in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to performance of the contract; and
   
   

5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
   
   

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Each contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period starts on the day after the product is received by the consumer or by a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise the right of withdrawal, they will return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to use the right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must make this notification by a written message/email. After the consumer has notified that they wish to use the right of withdrawal, the customer must return the product within 14 days to the place of origin. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.

If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are for the consumer’s account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive evidence 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 products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.

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

1. that have been created by the entrepreneur in accordance with the consumer’s specifications;
   
   

2. that are clearly of a personal nature;
   
   

3. that, by their nature, cannot be returned;
   
   

4. that can spoil or age quickly;
   
   

5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   
   

6. single newspapers and magazines;
   
   

7. audio and video recordings and computer software of which the consumer has broken the seal;
   
   

8. hygienic products of which the consumer has broken the seal.
   
   

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

1. relating to accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
   
   

2. for which the delivery has begun with the express consent of the consumer before the cooling-off period has expired;
   
   

3. relating to bets and lotteries.
   
   

Article 9 – The Price

During the period of validity stated 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.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

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

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

1. they result from statutory regulations or provisions; or
   
   

2. the consumer has the authority to terminate the contract as of the day on which the price increase takes effect.
   
   

Pursuant to Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968 (Wet op de omzetbelasting 1968), the place of delivery is the country where the transport commences. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or clearance costs from the purchaser. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous 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 requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

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

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after 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, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
  
  

• the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or treated contrary to the entrepreneur’s instructions and/or those on the packaging;
  
  

• the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
  
  

Article 11 – Delivery and Performance

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated about this in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be carried out or can only be carried out partially, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be clearly and intelligibly stated that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are for the entrepreneur’s account.

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

Article 12 – Continuing Performance Contracts: duration, termination, and renewal

Termination
The consumer may terminate a contract that was concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract that was concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may:

• terminate the contracts referred to in the previous paragraphs at any time and not be limited to termination at a particular time or in a particular period;
  
  

• at least terminate them in the same way as they were entered into; and
  
  

• always terminate with the same notice period as the entrepreneur has stipulated for themselves.
  
  

Renewal
A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

Contrary to the previous paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of a maximum of three months, if the consumer can terminate this extended contract towards the end of the renewal with a notice period of no more than one month.

A contract concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A contract with limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
If a contract has a duration 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 fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.

The consumer has the obligation to report inaccuracies in payment details provided or stated to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur, subject to statutory limitations, has the right to charge the consumer reasonable costs notified in advance.

Article 14 – Complaints Procedure

Complaints about 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 entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law applies exclusively to contracts between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and tightened in 2024 regarding the “Amendment of the Turnover Tax Act 1968 (Implementation Act for the Payment Service Providers Directive)” and thereby the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.