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General Terms and Conditions
Table of Contents:
Article 1 - DefinitionsArticle
2 - Identity of the entrepreneurArticle
3 - ApplicabilityArticle
4 - The offerArticle
5 - The agreementArticle
6 - Right of withdrawalArticle
7 - Costs in case of withdrawalArticle
8 - Exclusion of the right of withdrawalArticle
9 - The priceArticle
10 - Conformity and guaranteeArticle
11 - Delivery and implementationArticle
12 - Duration transactions: duration, termination and extensionArticle
13 - PaymentArticle
14 - Complaints procedureArticle
15 - DisputesArticle
16 - Additional or different provisionsArticle
1 - DefinitionsIn
these terms and conditions, the following definitions apply:
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
2. 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;
3
.
5. Durable medium: every means that enables the consumer or trader to store information that is addressed to him/her personally, in a way that makes future consultation and unaltered reproduction of the stored information possible.
6. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal which the entrepreneur makes available and which a consumer can fill in when he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
9.
Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
10.
11. General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.
Article 2 - Identity of the EntrepreneurName
: LimberLuxE-mail address
:
info@limberlux.nlKvK-nummer: 72970170VAT identification number
: NL002186614B04Article
3 - Applicability1
. These general conditions apply to every offer made by the entrepreneur and to every distance contract and order that is established between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before concluding the distance contract, the trader will indicate that the general conditions are available for inspection at the trader's premises and that they will be sent free of charge to the consumer, as soon as possible, at the latter's request.
3. 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 conditions may be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
4. In case specific product- or service conditions apply in addition to these general conditions, the second and third paragraph applies accordingly and the consumer can always rely on the applicable provision that is most favorable to him in case of conflicting general conditions.
5. If one or more provisions in these general conditions at any time are wholly or partially invalid or annulled, then the remainder of the agreement and these conditions will continue to apply and the provision in question will be replaced immediately in mutual consultation by a provision that approaches the scope of the original provision as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainty about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.
Article 4 - The offer 1
. If an offer has a limited validity or is made under conditions, this will be explicitly mentioned in the offer.
2. The offer is without obligation. The entrepreneur has the right to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer binding on the entrepreneur.
4. All images, specifications and information in the offer are indicative and may not lead to compensation or dissolution of the contract.
5. Images of products are a true representation of the products on offer. The entrepreneur cannot guarantee that the colours shown will exactly match the real colours of the products.
6. All offers contain 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, including taxes;
any shipping costs;
the way in which the contract will be concluded and what actions are needed to establish this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and implementation of the contract;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is filed after its conclusion and, if so, in what way it can be consulted by the consumer;
the way in which the consumer can check, before concluding the contract, the data he provided in the context of the contract and, if desired, correct them;
any other languages besides Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
the minimum duration of the distance contract in the case of an extended transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The agreement 1
. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
4. The trader may obtain information - within statutory frameworks - about the consumer's ability to fulfill his payment obligations, as well as about all those facts and factors which are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
5. 5. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the Entrepreneur's business establishment where the Consumer may get into contact for any complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear notification about being exempted from the right of withdrawal;
c. the information on guarantees and existing after-sales service; d. the information on the type of work to be performed; e. the information on the type of work to be performed.
the information on guarantees and existing after-sales service;
d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
6. In case of a long-term contract, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of Withdrawal Upon
delivery of products:
1. When purchasing products, the consumer can terminate the agreement without giving any reason to dissolve for 14 days. This period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
2. During the period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product. The consumer must make this known by means of the model form. After the consumer has made known to use his right of withdrawal, the customer 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 a proof of sending.
4. If, at the end of the periods specified in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
In case of delivery of services:
5. When providing services, the consumer can terminate the contract without giving any reason to dissolve for at least 14 days, commencing on the date of entering into the agreement.
6. To make use of his right of withdrawal, the consumer focus to the trader in the supply and / or no later than the relevant delivery reasonable and clear instructions.
Article 7 - Costs in case of withdrawal 1
. If the consumer makes use of his right of withdrawal, he will be responsible for the maximum costs of return shipment.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or conclusive evidence of the complete return can be provided. Reimbursement will be made via the same payment method as used by the consumer, unless the consumer explicitly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer will be liable for any reduction in value of the product.
4. The consumer cannot be held liable for any reduction in the value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal; this must be done prior to concluding the purchase agreement.
Article 8 - Exclusion of the right of withdrawal 1
. The trader can preclude the consumer from having a right of withdrawal on products as defined in paragraph 2 and 3. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the trader in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. the price of which is subject to fluctuations on the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygiene products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. relating to accommodation, transport, restaurant establishments or leisure activities to be carried out on a certain date or during a certain period;
b. of which the delivery has started with the express consent of the consumer before the period for reflection has expired;
c. relating to betting and lotteries.
Article 9 - The price 1
. During the validity period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. 4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and:
a. they are the result of legal regulations or stipulations; or b
. the Consumer has the authority to cancel the contract on the day on which the price increase starts.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to misprints and printing errors. No liability is accepted for the consequences of misprints and typesetting errors. In case of misprints the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Compliance and Warranty 1
. The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer, based on the agreement, can assert against the entrepreneur.
3. Any defects or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. 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.
5. The guarantee does not apply if:
The consumer has repaired and/or altered the delivered products himself or has had them repaired and/or altered by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or in conflict with the instructions of the entrepreneur and/or on the packaging;
The inadequacy is wholly or partially the result of regulations set by the government or to be set with regard to the nature or quality of the applied materials.
Article 11 - Delivery and implementation 1
. The entrepreneur will take the greatest possible care when receiving and in the implementation of orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the consumer with the amount paid as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be communicated in a clear and comprehensible manner, at the latest upon delivery. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 12 - Extended duration transactions: duration, termination and prolongationCancellation 1
. The consumer may contract for indefinite and that extends to the regular delivery of products (including electricity) or services, at any time denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
3. The consumer can in the preceding paragraphs: at all times
terminate and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they are entered into by him;
always terminate with the same notice as the entrepreneur for himself has stipulated.
Renewal4
. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
4. Notwithstanding the preceding paragraph, a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines tacitly renewed for a maximum of three months if the consumer agreement that has been extended towards the end of the extension may be terminated with a notice of up to one month.
5. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month.
6. A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends at the end of the trial or introductory period.
Duration7
. If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.
Article 13 - Payment 1
. As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period, as referred to in article 6, paragraph 1. In case of an agreement to provide a service, this period shall start after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the operator.
3. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur has the right to charge any predetermined reasonable costs incurred to the consumer.
Article 14 - Complaints 1
. The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer time to process, the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
4. If the complaint cannot be solved by mutual agreement, it becomes a dispute that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer should first turn to the entrepreneur. If the shop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this shop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute commission appointed by Stichting WebwinkelKeur, the verdict of which is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the Entrepreneur's obligations, unless the Entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes1
. On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or different provisionsAdditional
or different provisions to these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible way on a durable medium.