Definitions
In these General Terms and Conditions, the following terms are defined as follows:
Ever-Breeze BV: The provider of fragrance subscriptions for cars.
Customer: The natural person who uses the services of Ever-Breeze.
Agreement: The agreement between Ever-Breeze BV and the Customer.
Subscription: The monthly delivery of a new car fragrance to the Customer.
Perfume: The scented products that are developed and delivered by Ever-Breeze BV through the subscription.
Applicability
These General Terms and Conditions apply to all offers, agreements, and deliveries of Ever-Breeze BV, unless otherwise agreed in writing.
Offers and Agreements
Offers from Ever-Breeze BV are non-binding. An agreement is established after the Customer has placed an order and this has been confirmed by Ever-Breeze BV in writing or by email.
Subscriptions
• Ever-Breeze offers a subscription service where the Customer receives a new car fragrance monthly.
• The subscription can be canceled monthly, with a notice period of one month.
• Ever-Breeze reserves the right to change the offer and composition of the fragrances at any time. The Customer will be informed of this in a timely manner.
Prices and Payment
• All prices stated include VAT and other government-imposed levies, unless stated otherwise.
• Payment for the subscription is made monthly, prior to the delivery of the new fragrance.
• In case of late payment, Ever-Breeze reserves the right to pause or terminate the subscription.
Delivery and Shipping
• Delivery takes place at the address provided by the Customer.
• Ever-Breeze makes every effort to execute delivery in a timely manner, but cannot be held liable for delays beyond its control.
Right of Withdrawal
• The Customer has the right to withdraw from the agreement within 14 days after receipt of the first delivery without giving reasons.
• The costs for return shipping are at the expense of the Customer.
• If the Customer makes use of the right of withdrawal, the paid amount will be refunded as soon as possible, but no later than 14 days after termination of the agreement.
Health and Safety
Use of Perfume
Ever-Breeze car fragrances are intended for use in vehicles and are specially developed for an optimal fragrance experience. Although the perfumes are composed with ingredients that comply with European regulations, individual reactions may vary.
Health Risks
The use of perfumes may lead to allergic reactions, skin irritations, or respiratory problems in some people, especially in persons with hypersensitivity to certain ingredients. Ever-Breeze advises the Customer to carefully check the composition of each perfume and to stop using it at any sign of discomfort or allergic reaction.
Warning for Sensitive Persons
Customer is advised not to use the products near young children, pregnant women, the elderly, or people with sensitive health, such as asthma patients or persons with respiratory conditions. In case of doubt, consult a doctor before using the products.
Correct Use
The perfumes are intended for use within vehicles and should not be applied to the skin, in the mouth, or in the eyes. If the product accidentally comes into contact with the skin, eyes, or mouth, it should be rinsed off immediately with water. In case of ingestion, medical help should be sought immediately.
Liability for Improper Use
Ever-Breeze BV cannot be held liable for damage or health problems resulting from improper use of the perfumes. This includes, but is not limited to, the use of products contrary to the instructions or warnings as stated on the packaging or in these general terms and conditions.
Liability
• Ever-Breeze BV is not liable for any damage resulting from the use of its products, unless there is intent or gross negligence.
• Ever-Breeze BV is not liable for indirect damage, such as consequential damage, lost profit, or immaterial damage.
• In case of force majeure, including but not limited to natural disasters, strikes, or other unforeseen circumstances, Ever-Breeze is not obliged to execute the agreement.
Intellectual Property
All intellectual property rights relating to the products and services delivered by Ever-Breeze BV rest with Ever-Breeze. It is not permitted to reproduce or publish any part of the delivered products or services without prior written permission from Ever-Breeze.
Privacy
Ever-Breeze BV respects the privacy of its customers and ensures that personal information is treated confidentially in accordance with applicable privacy legislation.
Complaint Procedure
• Complaints about the execution of the agreement must be submitted to Ever-Breeze within a reasonable period, fully and clearly described.
• Ever-Breeze will respond to submitted complaints within 14 days after receipt.
Applicable Law and Disputes
• Dutch law applies to all agreements between Ever-Breeze BV and the Customer. Disputes will be submitted to the competent court in the Netherlands.
