Terms and Conditions

Terms and Conditions

Table of Contents:

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

• Cooling-off period: the period during which the consumer can exercise the right of withdrawal.

• Consumer: the natural person not acting in the course of a business or profession who enters into a distance contract with the entrepreneur.

• Day: calendar day.

• Duration transaction: a distance contract relating to a series of products and/or services spread over time.

• Durable data carrier: any tool enabling the consumer or entrepreneur to store information personally addressed to them for future consultation and unchanged reproduction.

• Right of withdrawal: the consumer’s right to cancel the distance contract within the cooling-off period.

• Model withdrawal form: the form provided by the entrepreneur for consumers to use if they wish to exercise their right of withdrawal.

• Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers.

• Distance contract: an agreement concluded using only one or more means of distance communication.

• Means of distance communication: tools enabling agreement conclusion without consumer and entrepreneur being together.

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

Article 2 – Identity of the Entrepreneur

Over Every Level Above
Anjelierenlaan 121, 4382VG Vlissingen, The Netherlands (no visiting address)
Email: info@overeverylevelabove.com
Chamber of Commerce number (KvK): 82868905
VAT number: NL003743908B82

Article 3 – Applicability

These terms apply to every offer from Over Every Level Above and every agreement concluded remotely with the consumer.

Before concluding a distance contract, the text of these terms will be made available. If impossible, it will be stated that the terms are available for free upon request.

If the distance contract is concluded electronically, the terms may be provided electronically in such a way that they can be easily stored.

If specific product or service conditions apply in addition to these, the consumer can always invoke the applicable provision most favorable to them in case of conflicting terms.

Invalidity of any provision shall not affect the validity of the remaining terms.

Unclear situations or omissions are interpreted in the spirit of these terms.

Article 4 – The Offer

Offers are non-binding. The entrepreneur reserves the right to change and adjust the offer.

The offer includes a complete and accurate description of the products/services offered. Obvious mistakes do not bind the entrepreneur.

Images of products are a truthful representation but may slightly differ in color.

The offer clearly states:

• Price including taxes

• Shipping costs

• Manner of conclusion of the agreement

• Applicability of the right of withdrawal

• Payment, delivery, and performance methods

• Acceptance period of the offer

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and complies with the conditions.

Upon electronic acceptance, Over Every Level Above promptly confirms receipt.

Over Every Level Above ensures secure electronic data transmission.

Over Every Level Above may verify the consumer's ability to meet payment obligations. Based on findings, the entrepreneur may refuse an order.

After concluding the agreement, Over Every Level Above will provide:

• Contact information

• Conditions for exercising the right of withdrawal

• Warranty and after-sales service info

• Terms for terminating the agreement if applicable

Every agreement is subject to product availability.

Article 6 – Right of Withdrawal

Consumers may cancel product purchases within 14 days without giving any reason.

During the cooling-off period, consumers must handle the product and packaging carefully.

Notification of withdrawal must be made within 14 days. Products must be returned within another 14 days.

Article 7 – Costs in Case of Withdrawal

Consumers bear the cost of returning goods.

Refunds will be issued within 14 days after withdrawal, provided goods are received in good condition.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal is excluded for:

• Customized products

• Perishable goods

• Sealed goods unsealed after delivery (e.g., hygiene products)

Article 9 – The Price

Prices stated will not increase during the validity period except for VAT changes.

Obvious errors in pricing do not bind Over Every Level Above.

Prices include VAT.

Article 10 – Conformity and Warranty

Products must meet the contract, descriptions, and legal requirements.

Warranty claims must be submitted within four weeks of delivery.

The warranty does not cover:

• Consumer repairs

• Improper use

• External factors (e.g., government regulations)

Article 11 – Delivery and Execution

Orders are executed with care.

Delivery occurs at the address provided.

Accepted orders are delivered within 30 days unless otherwise agreed.

If delivery is delayed, consumers may cancel without cost.

Risk passes to the consumer upon delivery.

Article 12 – Duration Transactions

Consumers may cancel indefinite contracts at any time with a notice period of one month.

Fixed-term contracts can be terminated at the end of the term with one month's notice.

Renewals are not automatic unless otherwise specified (e.g., magazines for up to three months).

Article 13 – Payment

Payments must be made within 7 days unless otherwise agreed.

Consumers must report errors in payment data immediately.

Late payments may incur reasonable additional charges.

Article 14 – Complaints Procedure

Complaints must be submitted clearly within 7 days after noticing issues.

Complaints are handled within 14 days.

If a complaint cannot be resolved, it becomes a dispute subject to the dispute resolution procedure.

Complaints can also be submitted via the European ODR platform.

Article 15 – Disputes

Dutch law exclusively applies to all agreements.

The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions must not disadvantage the consumer and must be documented in writing.