TERMS & CONDITIONS

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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 - Long-term transactions: duration, termination, and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 1 - Definitions

 

In these terms and conditions, the following terms are understood to mean:

 

Reflection period: the period during which the consumer can exercise his right of withdrawal

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's option not to proceed with the distance contract within the cooling-off period;

Model form: the model form for withdrawal made available by the entrepreneur, which a consumer can fill in when he wishes to exercise his right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded in the context of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively or partly by means of one or more techniques for distance communication;

Technique for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

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Leeuwenhout B.V.

Begoniastraat 7

1214 CT Hilversum

The Netherlands

E leeuwenhoutmeubels@gmail.com

Chamber of Commerce number: 87625083

 

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or in some other way upon request.

In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these terms and conditions will remain in effect for the remainder, and the provision concerned will be replaced by a provision that reflects the original intention as closely as possible in mutual consultation.

Situations not regulated by 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 must be interpreted 'in the spirit' of these general terms and conditions.

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Article 4 - The offer

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

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. 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 representation of the offered products and/or services. Obvious errors or mistakes 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 termination of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors 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 the acceptance of the offer. This concerns in particular:

the price including taxes;

any costs of delivery;

the way in which the agreement will be concluded and which actions are required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery, and implementation of the agreement;

the deadline 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 of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement is filed after its conclusion and, if so, how it can be accessed by the consumer;

the way in which the consumer, before concluding the agreement, can check the data provided by him under the agreement and repair it if necessary;

any other languages in which, in addition to Dutch, 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.

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Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, 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 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 can 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 can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the implementation.

The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service, at the latest upon delivery of the product, or in the case of services, at the latest upon delivery of the service:

the visiting address of the entrepreneur's business establishment where the consumer can go with complaints;

the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

information about warranties and existing after-sales service;

the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

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Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.

If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of 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 proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

The consumer is responsible for the depreciation of the product resulting from handling the product beyond what is necessary to determine the nature, characteristics, and functioning of the product.

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Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the goods will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.

The entrepreneur will reimburse the same payment method that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

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Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;

Service agreements, after full execution of the service, but only if:

the execution has started with the express prior consent of the consumer; and

the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;

Package travel as referred to in article 7:500 BW and agreements to travel services as referred to in article 7:500 BW paragraph 2 sub a;

Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;

Agreements related to leisure activities, if a specific date or period of performance is provided for in the agreement;

Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

Products that spoil quickly or have a limited shelf life;

Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;

Products that by their nature are irrevocably mixed with other products after delivery;

Alcoholic beverages, the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;

Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;

Newspapers, magazines, or periodicals, with the exception of subscriptions to this;

The delivery of digital content other than on a material medium, but only if:

the execution has started with the express prior consent of the consumer; and

the consumer has declared that he thereby loses his right of withdrawal.

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Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services at variable prices that are subject to fluctuations in the financial market over which the entrepreneur has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are target prices.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or

the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the range of products or services include VAT.

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Article 10 - Compliance and warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the 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 under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition.

The entrepreneur's warranty obligation is in accordance with 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.

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Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services. The consumer's address provided to the company shall be considered the place of delivery. Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from any specified times. Exceeding a deadline does not entitle the consumer to compensation. In the event of termination 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 within 14 days of termination. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. It will be clearly and comprehensibly stated at the time of delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or to a designated representative previously made known to the entrepreneur, unless expressly agreed otherwise.

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Article 12 - Long-term Transactions: Duration, Termination, and Renewal

Termination The consumer may terminate an agreement entered into for an indefinite period and providing for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month. The consumer may terminate an agreement entered into for a definite period and providing for the regular delivery of products (including electricity) or services at any time at the end of the agreed period, subject to the agreed termination rules and a notice period of up to one month. The consumer may terminate the agreements mentioned in the preceding paragraphs:

• at any time and shall not be limited to termination at a specific time or during a specific period;

• terminate at least in the same manner as they were entered into by him;

• always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal An agreement entered into for a definite period and providing for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period. Notwithstanding the preceding paragraph, an agreement entered into for a definite period and providing for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month. An agreement entered into for a definite period and providing for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of up to one month and a notice period of up to three months in the event the agreement provides for 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) shall not be tacitly renewed and shall terminate automatically upon expiry of 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 up to one month, unless the reasonableness and fairness oppose termination before the end of the agreed period.

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Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement. The consumer has the obligation to report inaccuracies in the payment details provided or stated to the entrepreneur without delay. In the event of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs notified in advance to the consumer.

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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 to the entrepreneur in full and described clearly 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure. In the event of complaints, the consumer must first contact the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved through mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this web store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have the dispute resolved by the independent dispute committee appointed by Stichting WebwinkelKeur, whose decision is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

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Article 15 - Disputes

Dutch law shall exclusively apply 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.

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Article 16 - Additional or Deviating Provisions

Additional or deviating provisions 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 medium.