General terms and conditions

General Terms and Conditions PrayHaven

Table of Contents:

Article 1 - Definitions In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period of time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to waive 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: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
Means of distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur having to meet simultaneously in the same room.
General terms and conditions: the present general terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur Company Information:
PROVANTAGE SOLUTIONS NETWORK LIMITED

UNIT 2A, 17/F GLENEALY TOWER
NO.1 GLENEALY CENTRAL
HONG KONG

Email: info@prayhaven.com & business@prayhaven.com

Registration number: 77014490

Article 3 - Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer and any order.
Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
Should one or more provisions of these general terms and conditions be void or voidable at any time, the agreement and these terms and conditions shall remain in effect for the remainder, and the provision in question shall be replaced immediately by a provision that approaches the meaning of the original provision as closely as possible in mutual consultation.
Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should 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 subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. 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 allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. 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.
The product images are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed will exactly match 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 accepting the offer. This concerns in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are for the customer's account and risk. The postal and/or courier service applies the special arrangement for postal and courier services upon importation. This arrangement applies if the goods are imported into the destination country of the EU, which is the case here. The postal or courier service will collect the VAT (possibly together with the customs clearance costs) from the recipient of the goods;
  • any shipping costs;
  • the method of concluding the agreement and which actions are necessary for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and performance of the agreement;
  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the level of the rate for distance communication if the costs for using the means of distance communication are calculated on a different basis than the regular basic rate for the means of communication used;
  • whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
  • the way in which the consumer can check and, if necessary, rectify the information provided by them in the context of the agreement before the conclusion of the agreement;
  • any other languages, besides Dutch, in which the agreement can be concluded;
  • the codes of conduct to which the entrepreneur is subject 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 long-term transaction.
    Optional: available sizes, colors, material types.

Article 5 - The Agreement Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal frameworks, inform themselves as to whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or application or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium with the product or service:

  • the visiting address of the entrepreneur's business location where the consumer can lodge complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • the information about guarantees and existing after-sales services;
  • the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this data before the execution of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
    In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.
    Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a pre-designated representative notified to the entrepreneur by the consumer.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered 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 exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must notify this via a written communication/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of proof of dispatch.
If the customer has not expressed their desire to exercise their right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the cost of returning the goods will be borne by them.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or that conclusive proof of complete return can be provided.
The entrepreneur uses the same means of payment that the consumer used for reimbursement unless the consumer agrees to a different method. The refund is free of charge for the consumer.
In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for the reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this should be done before concluding the purchase agreement.

Article 8 - Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

  • which have been created by the entrepreneur according to the consumer's specifications;
  • which are clearly personal in nature;
  • which cannot be returned due to their nature;
  • which can spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software whose seal has been broken by the consumer;
  • for hygienic products whose seal has been broken by the consumer.
    Exclusion of the right of withdrawal is only possible for services:
  • regarding accommodation, transport, restaurant business, or leisure activities to be carried out on a certain date or during a certain period;
  • whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
  • regarding betting and lotteries.

Article 9 - The Price
During the validity period stated in the offer, the prices of the offered products and/or services 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, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are mentioned in the offer.
Price increases within 3 months after concluding the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after concluding the agreement are only allowed if the entrepreneur has stipulated this and:

  • they are the result of statutory regulations or provisions; or
  • the consumer has the right to terminate the agreement on the day on which the price increase takes effect.
    The prices mentioned in the offer of products or services include VAT.
    All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in the 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 modified the delivered products themselves or had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise carelessly handled or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
  • the inadequacy is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders expeditiously but within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be carried out or only 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 agreement without cost and the right to any compensation.
All delivery times are indicative. The consumer cannot derive any rights from any of the mentioned periods. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, 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 make an effort to provide a replacement article. The consumer will be informed in a clear and comprehensible manner at the latest upon delivery 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 up to the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur unless expressly agreed otherwise.

Article 12 - Ongoing Transactions: Duration, Termination, and Renewal
Termination:
The consumer can terminate an agreement concluded for an indefinite period 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 can terminate a fixed-term agreement that has been concluded for the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements referred to in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or during a specific period;
  • at least in the same manner as they were entered into by the consumer;
  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:
A fixed-term agreement that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
Contrary to the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily newspapers, weeklies, and magazines may be tacitly renewed for a fixed term of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
A fixed-term agreement that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement extends to the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the trial or introductory period.

Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness resist 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 cooling-off period referred to in Article 6 paragraph 1 has commenced. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer reasonable costs made known in advance.

Article 14 - Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months 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 foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
In case of complaints, a consumer must first turn to the entrepreneur. In case of complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. If no solution has yet been reached, the consumer has the possibility to have their complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur, the decision of which is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
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 its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.