Index

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 - The price Article 9 - Conformity and guarantee Article 10 - Delivery and performance Article 11 - Payment Article 12 - Complaints procedure Article 13 - Disputes Article 14 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions:

  • Reflection period: the period within which the consumer can make use of his right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  • ]Day: calendar day;
  • Durable data carrier: 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 option for the consumer to cancel the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products to consumers at a distance;
  • ]
  • Distance agreement: an agreement in which, up to and including the conclusion of the agreement, exclusive use is made of a system for the distance sale of products organized by the entrepreneur. t is one or more techniques for distance communication;
  • Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.[_LI ]

Article 2 - Identity of the entrepreneur

The Lekker Company, registered under Lekkerineenpotje BV
Europalaan 20 1.1.15
3526KS Utrecht
E-mail address: info@thelekkercompany.com
Chamber of Commerce number: 71138978
VAT identification number: NL858594675B01

Article 3 - Applicability

  • These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the request of the consumer.
  • If the distance contract is concluded electronically, contrary to 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 electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
  • In the event that specific product conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.[ _LI]

Article 4 - The offer

  • If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
  • The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  • Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular: o the price including taxes; o any costs of delivery; o the way in which the agreement will be concluded and which actions are required for this; o whether or not the right of withdrawal applies; o the method of payment, delivery and performance of the agreement; o the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price; o the level of the rate for 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; o whether the agreement is archived after the conclusion, and if so, how it can be consulted by the consumer; o the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it; o any other languages ​​in which, in addition to Dutch, the agreement can be concluded; o the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically

Article 5 - The agreement

  • The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
  • If the consumer has accepted the offer electronically, the entrepreneur immediately confirms 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 ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. 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, stating reasons, or to attach special conditions to the implementation.
  • The entrepreneur will include the products send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: a. the way in which the consumer can contact the entrepreneur with complaints; b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about warranties 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 before the execution of the agreement;

Article 6 - Right of withdrawal

  • When purchasing products, the consumer has the option of dissolving the contract without giving any reason during seven days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
  • During the cooling-off period, the consumer will handle the product and the 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 reasonable and clear instructions provided by the entrepreneur.

Article 7 - Costs in case of withdrawal

  • If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
  • If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 30 days after the return or cancellation.

Article 8 - The price

  • During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
  • Deviating from the previous paragraph, the entrepreneur can the prices of which 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 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.
  • Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  • The prices stated in the range of products include VAT.

Article 9 - Conformity and Warranty

  • The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations. 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 has under of the contract against the entrepreneur.

Article 10 - Delivery and execution

  • The entrepreneur will take the greatest possible care when receiving and executing orders for products.
  • The place of delivery is the address that the consumer has communicated to the company.
  • With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge.
  • In case 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, refund.
  • If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of 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 predetermined location known to the entrepreneur. made representative, unless expressly agreed otherwise.

Article 11 - Payment

  • Unless otherwise agreed, the amounts owed by the consumer must be paid within seven days after the start of the cooling-off period as referred to in Article 6 paragraph 1.
  • The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur. .

Article 12 - Complaints procedure

  • The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  • Complaints about the implementation 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 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 period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  • If the complaint cannot be resolved in mutual consultation can be resolved, a dispute arises that is amenable to the dispute settlement.

Article 13 - Disputes

  • On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law applies.

Article 14 - 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.