General terms and conditions

General Terms and Conditions

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 revocation
Article 8	-	Exclusion of 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 15	-	Disputes
Article 16	-	Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Reflection period : the period within which the consumer can make use of his right of withdrawal;
Consumer : the natural person who is not acting for purposes relating to his trade, business, craft or profession;
Day : calendar day;
Digital content: data produced and supplied in digital form;
Duration agreement: an agreement aimed at the regular delivery of goods, services and/or digital content over a specific period;
Durable medium : any instrument - including email - that enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;
Right of withdrawal : the option for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services remotely to consumers;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be provided if the consumer has no obligation to withdraw in relation to their order;
Distance communication technology: a means by which a contract can be concluded without the consumer and the trader having to be in the same place at the same time.

Article 2 - Identity of the entrepreneur

Entrepreneur's name	Leeff BV
Business address (not a visiting address)	Hoge Gouwe 93 b
	2801 LD Gouda
	0182 - 232003
	info@leeff.com
Chamber of Commerce number	89627695
VAT number	NL865045513B01
IBAN	NL23 RABO 0365 9140 02
BIC	RABONL2U

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically 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, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.

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 contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This specifically concerns:

the price including taxes;
any costs of delivery;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after it has been concluded, and if so, how it can be consulted by the consumer;
the manner in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him in connection with the agreement;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate 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 implement appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

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

b. 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;

c. the information about guarantees and existing after-sales service;

d. the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

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

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

Article 6 - Right of withdrawal

Upon delivery of products:

When purchasing products, consumers have the right to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the company, receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs in case of revocation

If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

a. which have been created by the entrepreneur in accordance with the consumer's specifications;

b. that are clearly personal in nature;

c. which by their nature cannot be returned;

d. which can spoil or become obsolete quickly;

e. whose price is subject to fluctuations in the financial market over which the entrepreneur 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.

3. Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;
c. relating to betting and lotteries.

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.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
The prices stated in the offer of products or services include VAT.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

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 soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. 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 statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 - Delivery and execution

The entrepreneur will exercise the utmost 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 provided to the company.
Subject to the provisions of Article 4 of these terms and conditions, the company will fulfill accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated, no later than upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipping are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term transactions

The consumer may at any time terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may, in the agreements referred to in the previous paragraphs:

cancel at any time and not be limited to cancellation at a specific time or during a specific period;
at least cancel them in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 14 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 commences after the consumer has received confirmation of the agreement.
When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
The consumer has the duty to report any inaccuracies in 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 restrictions, to charge the consumer reasonable costs made known in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently well-known 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 within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

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 data carrier.