Terms and Conditions

 

Terms and Conditions 

Article 1 – Definitions
In these terms and conditions, the following terms are defined as:
1.1 LKecommerce, located in The Hague, Chamber of Commerce number 91488630, is referred to as the seller.
1.2 The counterparty of the seller is referred to as the buyer.
1.3 The parties are the seller and the buyer together.
1.4 The agreement refers to the purchase agreement between the parties.

Article 2 – Applicability of General Terms and Conditions
2.1 These conditions apply to all quotations, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
2.2 Deviation from these conditions is only possible if expressly agreed in writing by the parties.

Article 3 – Payment
3.1 The full purchase price is always paid immediately in the webshop.
3.2 For reservations, in some cases, a deposit is expected. In that case, the buyer will receive a proof of the reservation and prepayment.
3.3 If the buyer does not pay on time, they are in default. If the buyer remains in default, their obligation to deliver will be suspended until the buyer has fulfilled their payment obligation.
3.4 If the buyer remains in default, the seller will proceed to collection. The costs related to this collection shall be borne by the buyer. These collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
3.5 In case of liquidation, bankruptcy, seizure, or suspension of payment of the buyer, the claims of the seller against the buyer are immediately due and payable.
3.6 If the buyer refuses to cooperate in the execution of the order by the seller, the buyer is still obliged to pay the agreed price to the seller.

Article 4 – Offers, Quotations, and Price
4.1 Offers are non-binding unless a term of acceptance is stated in the offer.
4.2 If the offer is not accepted within the specified term, the offer expires.
4.3 Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if exceeded, unless expressly agreed otherwise.
4.4 Offers and quotations do not automatically apply to repeat orders.
4.5 The price stated on offers, quotations, and invoices includes the purchase price including VAT and any other government-imposed levies.

Article 5 – Right of Withdrawal
5.1 The consumer has the right to dissolve the agreement within 14 days after receiving the order without giving any reason (right of withdrawal).
5.2 The period starts from the moment the (entire) order is received by the consumer.
5.3 There is no right of withdrawal if the products are made to your specifications or have a short shelf life.
5.4 The consumer can use a withdrawal form provided by the seller. The seller is obliged to make this available immediately after the buyer's request.
5.5 During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product.
5.6 The consumer is only liable for any depreciation of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 5.
5.7 If the consumer wishes to use the right of withdrawal, they must notify the seller within 14 days of receiving the product. After the notification, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of a shipping receipt.
5.8 If the customer has not notified the use of the right of withdrawal or has not returned the product to the seller after the periods mentioned in paragraphs 7 and 8, the purchase is a fact.

Article 6 – Change of Agreement
6.1 If during the execution of the agreement it appears that it is necessary for the proper performance to change or supplement the work to be done, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

Article 7 – Delivery and Transfer of Risk
7.1 As soon as the purchased item has been received by the buyer, the risk passes from the seller to the buyer.

Article 8 – Investigation, Complaints
8.1 The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case, within the shortest possible time. The buyer must examine whether the quality and quantity of the delivered goods correspond to what the parties have agreed upon.
8.2 Any visible defects or shortages must be reported in writing to the seller after delivery.
8.3 Non-visible defects or shortages must be reported within 3 days after discovery but no later than 1 week after delivery.
8.4 The right to (partial) refund, replacement, or compensation lapses if defects are not reported within the specified period.
8.5 The obligation to pay does not lapse due to a complaint unless the seller has indicated otherwise.

Article 9 – Warranty
9.1 The warranty relating to products only applies to defects caused by faulty manufacture, construction, or material.
9.2 The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence, or incorrect use by the buyer, as well as when the cause of the defect cannot be clearly determined.
9.3 The risk of loss, damage, or theft of the products that are the subject of the agreement passes to the buyer at the time they are legally and/or actually delivered, or at least come into the possession of the buyer or a third party who receives the product on behalf of the buyer.

Article 10 – Force Majeure
10.1 If the seller cannot fulfill their obligations under the agreement, not timely or not properly, due to force majeure, they are not liable for damage suffered by the buyer.
10.2 Force majeure means in any case any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be expected by the buyer, such as illness, war or threat of war, civil war and riot, acts of war, sabotage, terrorism, power failure, flood, earthquake, fire, occupation, strikes, exclusion of workers, changed government measures, transport difficulties, and other disturbances in the seller's company.
10.3 Furthermore, force majeure includes the circumstance that supply companies on which the seller depends for the execution of the agreement do not fulfill their contractual obligations to the seller, unless this can be blamed on the seller.
10.4 If a situation as referred to above occurs as a result of which the seller cannot fulfill their obligations towards the buyer, those obligations will be suspended as long as the seller cannot fulfill their obligations.
10.5 From the moment the force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
10.6 In a force majeure situation, the seller is not obliged to compensate any damage, even if they benefit from any advantage as a result of the force majeure situation.

Article 11 – Transfer of Rights
11.1 Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision is considered a clause with property law effect as referred to in Article 3:83(2) of the Dutch Civil Code.

Article 12 – Retention of Title and Intellectual Property
12.1 The goods present at the buyer and delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price.
12.2 The buyer may not pledge or otherwise encumber the goods subject to retention of title.
12.3 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the buyer is obliged to inform the seller as soon as may reasonably be expected.
12.4 The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion, and water damage, as well as against theft, and to make this insurance policy available for inspection on first request.
12.5 If the buyer defaults in fulfilling their payment obligations or encounters payment difficulties, the seller is entitled to retrieve the goods subject to retention of title from the buyer.
12.6 The intellectual property rights to products and documents provided by the seller to the buyer belong to the seller. The buyer may not copy, show to third parties, or make them available for use in any other way without prior written permission from the seller.

Article 13 – Applicable Law and Competent Court
13.1 Dutch law exclusively applies to every agreement between the parties.
13.2 The Dutch court in the district where LKecommerce is established/practices/has its office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law imperatively prescribes otherwise.