Terms and Conditions

Terms and Conditions

Article 1 – Definitions

The following definitions apply to these Terms and Conditions:

  • Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

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

  • Day: a calendar day.

  • Continuous transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligations are spread over time.

  • Durable medium: any means that enables the consumer or trader to store information personally addressed to them in a way that allows future reference and unaltered reproduction.

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

  • Trader: the natural or legal person who offers products or services to consumers at a distance.

  • Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for distance selling, using one or more means of remote communication up to and including the moment of contract conclusion.

  • Means of remote communication: any method that enables communication between the consumer and trader without requiring both parties to be in the same place at the same time.

  • Terms and Conditions: these general terms of the trader.

Article 2 – Identification of the Trader

Company name: Levana Rose
Trading name: Levana Rose
Business registration number: 95176365
VAT number: NL867030380B01
Customer Service Email: info@levanarose.com
Company Address: Westerhornerweg 20, Grijpskerk

Article 3 – Scope

These Terms and Conditions apply to all offers made by the trader and to all distance contracts and orders concluded between the trader and the consumer.

Before the contract is concluded, the text of these Terms and Conditions will be made available to the consumer.
If this is not reasonably possible, it will be stated before the contract is concluded that the Terms and Conditions can be inspected at the trader’s business premises and will be sent free of charge upon request.

If the distance contract is concluded electronically, the Terms and Conditions may be provided to the consumer electronically in a way that allows easy storage on a durable medium. If that is not reasonably possible, the consumer will be informed where the Terms can be accessed electronically and that a copy will be sent free of charge upon request.

If specific product or service conditions apply in addition to these Terms, the consumer may always rely on the most favourable provision in case of conflicting terms.

If any provision of these Terms is invalid or annulled, the remaining provisions remain in effect. The invalid provision will be replaced, after mutual consultation, by a provision that most closely reflects its intent.

Situations not covered by these Terms must be assessed according to the spirit of these Terms and Conditions.
Ambiguities regarding interpretation shall also be explained according to the spirit of these Terms.

Article 4 – The Offer

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

All offers are non-binding. Levana Rose reserves the right to modify or adjust an offer at any time.

The offer contains a complete and accurate description of the products and/or services offered, sufficient for the consumer to make an informed decision.
If images are used, they are intended as a true representation of the products or services.
Obvious errors or mistakes in the offer do not bind Levana Rose.

All images, specifications, and data are indicative and cannot give rise to compensation or contract cancellation.

Colours may vary slightly from actual products due to screen or lighting differences.

Each offer contains clear information about the consumer’s rights and obligations, including:

  • The price (excluding customs duties and import VAT, which are the customer’s responsibility)

  • Shipping costs

  • How the contract will be concluded and what steps are required

  • Whether a right of withdrawal applies

  • Payment, delivery, and performance methods

  • The validity period of the offer or the period for which the price is guaranteed

  • Communication costs if higher than the basic rate

  • Whether the contract will be archived and, if so, how it can be accessed

  • How the consumer can check and correct submitted information before confirming the order

  • Available contract languages

  • Codes of conduct adhered to by the trader

  • The minimum duration of obligations for continuous or recurring transactions.

Article 5 – The Contract

The contract is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and meets the stated conditions.

When the consumer accepts an offer electronically, Levana Rose promptly confirms receipt of the acceptance electronically. Until confirmation is received, the consumer may withdraw from the contract.

Levana Rose will implement adequate technical and organisational measures to secure the electronic transfer of data and ensure a safe online environment.
If the consumer pays electronically, the trader ensures proper security measures.

Within the legal framework, Levana Rose may verify whether the consumer can meet payment obligations and gather relevant facts for responsible contract formation. If justified grounds exist not to conclude the contract, Levana Rose may refuse an order or attach special conditions.

The trader will provide, in writing or on a durable medium, the following information along with the product or service:

  • The business address where complaints can be submitted

  • Information about the right of withdrawal and how to exercise it, or a clear statement if it does not apply

  • Warranty and after-sales service details

  • The data referred to in Article 4(3), unless already provided prior to contract execution

  • The termination conditions for contracts exceeding one year or of indefinite duration

All contracts are subject to sufficient stock availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 30 days without giving any reason.
This period begins the day after the consumer, or a third party designated by the consumer, receives the product.

During this period, the consumer must handle the product and packaging carefully, opening or using it only to the extent necessary to determine whether they wish to keep it.
If exercising the right of withdrawal, the consumer must return the product with all accessories, in its original condition and packaging, following the instructions provided by Levana Rose.

The consumer must notify Levana Rose of the intention to withdraw within 14 days of receiving the item, either in writing or by email.
The item must then be returned within 14 days of notification, and proof of timely shipment must be provided.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of return shipping is the responsibility of the consumer.

Levana Rose will refund all payments received from the consumer as soon as possible, and no later than 14 days after withdrawal—provided the returned product has been received or sufficient proof of return has been supplied.

Article 8 – Exclusions from the Right of Withdrawal

Levana Rose may exclude the right of withdrawal for the following products or services, provided this has been clearly stated prior to contract conclusion:

Excluded Products:

  • Items produced according to consumer specifications

  • Items of a clearly personal nature

  • Products that cannot be returned due to their nature

  • Perishable goods or items with short shelf lives

  • Products subject to market fluctuations outside the trader’s control

  • Single issues of newspapers or magazines

  • Sealed audio, video, or software items once unsealed

  • Sealed hygiene products once unsealed

Excluded Services:

  • Accommodation, transport, catering, or leisure activities for a specific date or period

  • Services started with the consumer’s explicit consent before the cooling-off period ends

  • Gambling or lottery services

Article 9 – Prices

During the validity period stated in the offer, prices will not be increased except for changes due to legal VAT rates.

Notwithstanding this, Levana Rose may offer products or services whose prices fluctuate according to the financial market, beyond the trader’s control.

Price increases within three months after the contract are only permitted if legally required.
Price increases after three months are only valid if the consumer can terminate the contract from the day the increase takes effect.

The place of delivery is considered Australia, and import VAT and/or customs duties are charged by the postal or courier service to the customer.
Levana Rose does not charge VAT on exports outside the EU.

All prices are subject to printing and typographical errors.
Levana Rose is not obliged to honour incorrect pricing due to such errors.

Article 10 – Conformity and Warranty

Levana Rose guarantees that products and/or services comply with the contract, reasonable expectations of reliability, and applicable legal standards in Australia at the time of contract formation.

Reported defects or incorrect deliveries must be notified in writing within 30 days of delivery.

Warranties correspond with the manufacturer’s warranty period.
Guarantees do not apply if:

  • The consumer or a third party has repaired or altered the product;

  • The product was exposed to abnormal conditions or handled contrary to instructions;

  • The defect results from governmental regulations imposed after delivery.

Article 11 – Delivery and Performance

Levana Rose will take the greatest possible care in processing and delivering orders.
Delivery occurs to the address provided by the consumer.

Orders will be executed promptly and within 30 days at the latest, unless otherwise agreed.
If delivery is delayed or impossible, the consumer will be informed within 30 days and may cancel the contract.
Refunds will be processed within 14 days of cancellation confirmation.

Risk of damage or loss remains with Levana Rose until the consumer or designated recipient has received the product.

Article 12 – Continuous Transactions: Duration, Termination, and Renewal

Consumers may terminate indefinite contracts at any time, observing an agreed notice period of no more than one month.

Fixed-term contracts may also be terminated at the end of the term, observing a maximum one-month notice.

Contracts for continuous or periodic deliveries will not renew automatically unless otherwise stated and limited to a three-month renewal maximum.

Trial or introductory agreements automatically end after the trial period unless explicitly renewed by the consumer.

For contracts exceeding one year, the consumer may terminate after one year with one month’s notice, unless fairness dictates otherwise.

Article 13 – Payment

Unless otherwise agreed, payments must be made within 7 business days after the cooling-off period starts.
The consumer must promptly report any inaccuracies in payment data to Levana Rose.
If payment is not made on time, reasonable collection costs may be charged.

Article 14 – Complaints Procedure

Complaints regarding contract performance must be submitted to Levana Rose within 7 days of discovering a defect, with a complete description.

Levana Rose will respond within 30 days of receipt.
If more time is needed, the consumer will be informed within 14 days of when to expect a full response.

If the complaint cannot be resolved by mutual agreement, the matter may be submitted to a dispute resolution body.

A valid complaint will result in a repair, replacement, or other suitable remedy at no cost to the consumer.

Article 15 – Disputes

Contracts between Levana Rose and the consumer to which these Terms apply are governed by Australian law, even if the consumer resides outside Australia.

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