Terms and Conditions
This version of the General Terms and Conditions came into effect in November 2017.
Article 1 Definitions
In these terms and conditions, the following definitions apply:
1.1 “Purchase Agreement”: a purchase agreement whereby you purchase products remotely (such as via the webshop, by telephone, or by email) and these products are delivered by us (or by a third party);
1.2 “you”: a consumer (natural person) not acting in the course of a trade, business, craft, or profession;
1.3 “Right of Withdrawal”: your option to withdraw from the Purchase Agreement within the cooling-off period;
1.4 “we”: the natural or legal person offering the products to you remotely;
1.5 “Model Withdrawal Form”: the European Model Withdrawal Form included in Appendix I of these terms and conditions;
Article 2 Who we are
LedLoket B.V.
www.ledloket.nl/
Phone number: 0541-299320
Email address: info@ledloket.nl
Chamber of Commerce number: 83292293
Article 3 Applicability
3.1 These general terms and conditions apply to every offer from us and to every Purchase Agreement concluded with you.
3.2 Before you purchase anything from us, we will clearly bring these general terms and conditions and any specific product conditions to your attention. We must do this in such a way that you can download, print, and save these general terms and conditions.
3.3 If the general terms and conditions and the specific product or service conditions conflict with each other, you can invoke the applicable provision that is most favorable to you.
Article 4 The Offer
4.1 If a product is only available temporarily or under certain conditions, this will be clearly stated on the product page.
4.2 The product page contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow you to make a proper assessment of the product. If we use images, they must be a true representation of the product.
4.3 Each product page must be clear enough for you to understand your rights and obligations when purchasing the product.
4.4 We are not bound by mistakes or errors on the product page if it is obvious to you that it is a mistake or error.
Article 5 The Purchase Agreement
5.1 The Purchase Agreement is concluded at the moment you accept the purchase of the product and the corresponding terms and conditions.
5.2 After the Purchase Agreement is concluded, we will immediately send you a confirmation of receipt by e-mail.
5.3 We ensure that you can order and pay securely, and we provide sufficient technical and organizational security for all (personal) data.
5.4 In addition to our other statutory information obligations, we will provide you with the following information in writing, at the latest upon delivery of the product:
- our visiting address where you can file complaints;
- the conditions under which and the manner in which you can exercise the Right of Withdrawal, or a clear notification if the Right of Withdrawal is excluded;
- the information about warranties and existing after-sales service;
- the price including all taxes of the product; the delivery costs; the method of payment, delivery, or execution of the Purchase Agreement;
- if you have a Right of Withdrawal, the Model Withdrawal Form.
Article 6 Right of Withdrawal
6. 1 You have the right to cancel your order up to 14 days after the day of receipt without giving any reason. After cancellation, you have another 14 days to return your product. You will then be credited the full order amount including shipping costs. Only the costs for returning the product from your home to the webshop are for your own account. These costs are approximately 5.95 per package; for the exact rates, please consult the website of your carrier.
6.2 If you make use of your right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and – if reasonably possible – in its original condition and packaging. Should the product be damaged or the packaging more damaged than is necessary to sell the product, we can pass this depreciation of the product on to you. Therefore, handle the product with care and ensure that it is well-packaged when returned.
6.3 To exercise this right, you can contact us via info@ledloket.nl. Wij We will then refund the order amount due within 14 days of your return notification, provided the product has already been received back in good order.
Article 7
Your obligations during the reflection period
7.1 During the reflection period, you must handle the product and its packaging with care. You may only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The basic principle here is that you may only handle and inspect the product as you would be allowed to do in a physical store.
7.2 If you do not handle the product with care, as set out in paragraph 1, and the product is damaged as a result, you are liable for any diminished value of the product.
7.3 You are not liable for any diminished value of the product if we have not provided you with all legally required information about the Right of Withdrawal before or at the time of concluding the Purchase Agreement.
Article 8 Exercising the Right of Withdrawal by you and associated costs
8.1 If you exercise your statutory Right of Withdrawal, you must notify us within the cooling-off period using the Model Withdrawal Form or in another unambiguous manner.
8.2 You shall return the product, or hand it over to us (or our authorized representative), within 14 days of the withdrawal notification.
8.3 You shall return the product with all delivered accessories, as much as possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
8.4 The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal lie with you.
8.5 You bear the direct costs of returning the product, unless we have not stated that you must bear these costs or if we bear these costs ourselves.
Article 9 Our obligations upon withdrawal
9.1 If you notify us that you wish to exercise the Right of Withdrawal, we will immediately send you a confirmation of receipt by e-mail after this notification.
9.2 If you notify us within 14 days of receiving the products that you wish to exercise your Right of Withdrawal, we will refund all payments made by you, including any delivery costs, within 14 days of your notification. If we offer to collect the product ourselves, we may wait to refund until we have received the product or until you demonstrate that you have returned the product.
9.3 For refunds, we will use the same payment method you used for the original transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement.
9.4 If you have opted for a more expensive method of delivery than the cheapest standard delivery, we are not required to refund the additional costs for the more expensive method.
Article 10 Exclusion of the Right of Withdrawal
We can exclude the following products from the Right of Withdrawal if we clearly state this on the product page:
a. Products manufactured according to your specifications, which are not prefabricated and are made based on your individual choice or decision, or which are clearly intended for a specific person.
b. Products whose price is subject to fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period;
c.Products that spoil quickly or have a limited shelf life;
d. Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
e. Products that are, by their nature, irrevocably mixed with other products after delivery;
f. Alcoholic beverages, the price of which was agreed upon at the conclusion of the Purchase Agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which we have no influence;
g. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
h. Newspapers, periodicals or magazines.
Article 11 The price
11.1 During the offer's validity period stated on the product page, the prices of the products offered will not be increased, unless a price change is necessary due to changes in VAT rates.
11.2 We may offer products whose prices are subject to fluctuations in the financial market and over which we have no influence, at variable prices. This will be stated in the offer.
11.3 The prices mentioned on the product page include VAT.
Article 12 Compliance with Purchase Agreement and extra warranty
12.1 We guarantee that the products comply with the Purchase Agreement and the specifications stated on the product page. We also guarantee that the products meet the reasonable requirements of soundness and/or usability, the legal provisions and/or government regulations, and any agreements made with you regarding other than normal use.
12.2 An additional warranty is understood to be any commitment from us, our supplier, importer, or manufacturer in which they grant you certain rights or claims that go beyond what they are legally obliged to do, in the event that we fail to fulfill our part of the Purchase Agreement.
12.3 An additional warranty never limits your statutory rights and claims.
Article 13 Delivery and execution
13.1 We exercise the utmost care in the execution of the Purchase Agreement and the delivery of the products.
13.2 We will deliver the product to the address you have provided to us.
13.3 We will deliver the products as soon as possible and no later than within 30 days. We may agree on a different delivery period with you.
13.4 If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, you will be notified as soon as possible, no later than 30 days after you have placed the order. In that case, you have the right to dissolve the Purchase Agreement free of charge.
13.5 Following dissolution as referred to in the previous paragraph, we will immediately refund the amount you have paid.
13.6 The risk of damage and/or loss of products rests with us until the moment of delivery to you or to a representative designated by you in advance and made known to us, unless otherwise agreed.
Article 14 Payment
14.1 You shall pay the amounts due within 14 days after the start of the cooling-off period, unless otherwise stipulated in the Purchase Agreement.
If a reflection period is not applicable, you must pay the amounts due within 14 days of concluding the Purchase Agreement, unless otherwise stipulated in the Purchase Agreement.
14.2 You cannot be obliged to pay more than 50% in advance. If an advance payment has been stipulated, you cannot assert any right concerning the execution of the relevant order before the stipulated advance payment has been made.
14.3 You are obliged to report any inaccuracies in the provided or stated payment details to us immediately.
14.4 If you do not meet your payment obligation(s) on time, we must inform you of the late payment and grant you a period of 14 days to still meet your payment obligations. If you do not pay within this 14-day period, you will also owe the statutory interest on the amount due.
We may then charge you extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500, =; 10% on the subsequent € 2.500, = and 5% on the next € 5.000, = with a minimum of € 40, =. We may deviate from the aforementioned amounts and percentages in your favor.
Article 15 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur. The ruling of this committee is binding, and both the entrepreneur and the consumer agree to this binding ruling.
Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee.
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, either replace or repair the delivered products free of charge.
Article 16 Disputes
16.1 Purchase Agreements concluded between you and us, to which these general terms and conditions apply, are exclusively governed by Dutch law.
16.2 If the complaint cannot be resolved by mutual agreement, the Dutch court in Almelo, or the competent court of the district where you reside, shall have jurisdiction to hear the dispute.
Article 17 Amendments and additions to the general terms and conditions
17.1 Changes to these general terms and conditions are only effective after they have been published in an appropriate manner. If these changes apply to you during the term of an offer, the most favorable provisions for you will apply.
17.2 Additional or deviating provisions may not be to your disadvantage. These must be recorded in writing and must be able to be stored by you.
Appendix I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to withdraw from the contract)
To: [ seller's name]
[ seller's geographical address]
[ seller's fax number, if available]
[ seller's e-mail address or electronic address]
I/We* hereby give notice that I/we* withdraw from my/our* contract of sale of the following products: [product description]*
Ordered on*/received on* [date of receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
* Delete as appropriate or fill in what is applicable.
