Terms and Conditions
General Terms and Conditions of Liefe, established in Zandvoort
Version valid from 01-11-14
1. General
1.1 These general terms and conditions apply to every offer from Liefe and every agreement concluded between Liefe and the consumer. The conditions are accessible to everyone and included on Liefe's website. On request we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Liefe reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognized by Liefe.
1.4 Liefe guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery takes place while stocks last.
2.2 In the context of the rules of distance selling, Liefe will execute orders at least within 14 days, unless a different delivery period has been agreed. If delivery within 14 days or otherwise agreed delivery time is not possible (because the ordered item is not in stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, the consumer will receive within 14 days after placing the order and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Liefe will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by Liefe have been offered to the customer once. For home delivery, the carrier's report, alleging the refusal of acceptance, serves as full proof of the offer to deliver.
3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. View period / right of withdrawal
4.1 In the event of a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 BW), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts when the ordered items have been delivered. The customer is obliged, before proceeding to return, to notify Liefe in writing within the period of 14 working days after receipt. If the customer has not reported making use of the statutory right of return within the trial period of 14 days after receipt, the purchase is a fact.
During the reflection 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 the nature and characteristics of the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur within 28 days of receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur.
The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. Return of the goods must take place in the original packaging (including accessories) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, Liefe Sight reserves the right to charge a reduction in value. With due observance of the provisions of the previous sentence, Liefe will arrange for a refund within 14 days after good receipt of the return shipment or 14 days after proof of return (the proof of shipment must explicitly state the contents of the return shipment). When the entire purchase is returned, the full purchase amount, including any calculated shipping and / or payment costs, will be refunded to the customer. When only part of the received purchases are returned, only the purchase value of the returned goods will be refunded. Additional costs resulting from a more expensive shipping method than the cheapest standard delivery will never be refunded.
The return of the delivered goods is entirely at the expense and risk of the customer.
4.2 The right of withdrawal does not apply to:
service contracts, after full performance of the service, and only when the performance has begun with the consumer's explicit prior consent and the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the contract;
goods or services whose price is dependent on fluctuations in the financial market, on which the supplier has no influence and which may occur within the withdrawal period
goods that are manufactured according to the consumer's specifications, for example custom work, or that have a clearly personal character
5. Data management
5.1 If you place an order with Liefe, your data will be included in Liefe's customer base. Liefe adheres to the Data Protection Act and will not provide your information to third parties.
5.2 Liefe respects the privacy of the users of the internet site and ensures confidentiality of your personal information.
5.3 In some cases Liefe uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.
6. Warranty and conformity
6.1 The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations.
6.2 An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur on the basis of the law and / or the distance contract.
6.3 If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return it to Liefe) must report these defects to Liefe in writing within 14 days of discovery of the defect. Return of the goods must be in the original packaging (including accessories). Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, completely voids this right to complain and return.
6.4 If complaints from the customer are found to be well-founded by Liefe, Liefe will repair or replace the goods delivered free of charge at the consumer's discretion. Any liability of Liefe in the event of damage is limited to a maximum of the invoice amount of the goods concerned, or (at the option of Liefe) to the maximum amount covered by Liefe's liability insurance in the relevant case. All liability of Liefe for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 This guarantee does not apply if: A) and as long as the customer is in default towards Liefe; B) the customer has repaired and / or processed the delivered goods himself or has them repaired / or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of Liefe and / or instructions on the packaging;
7. Offers
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Liefe reserves the right to revoke or deviate from the offer within 3 working days of receipt of that acceptance.
7.3 Verbal promises only bind Liefe after they have been explicitly confirmed in writing.
7.4 Offers from Liefe do not automatically apply to repeat orders.
7.5 Liefe cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or clerical error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8. Agreement
8.1 An agreement between Liefe and a customer is concluded after an order assignment has been assessed by Liefe for feasibility.
8.2 Liefe reserves the right not to accept orders or assignments without stating reasons or to accept them only on the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photos, drawings, etc .; eg information regarding weights, dimensions, colors, images of labels, etc. on the website of Liefe are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 Liefe is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance that should not reasonably be at its risk. Delays or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of Liefe as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 In the event of force majeure, Liefe reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Liefe is under no circumstances obliged to pay any fine or compensation.
10.4 If Liefe has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice separately for the already delivered or the deliverable part and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11. Liability
11.1 Liefe is not liable for damage to objects caused by incorrect use of the products.
12. Retention of title
12.1 Ownership of all goods sold and delivered by Liefe to the customer remains with Liefe as long as the customer has not paid the claims of Liefe under the agreement or earlier or later similar agreements, as long as the customer has carried out the work performed or to be performed under this agreement. or similar agreements has not yet paid and as long as the customer has not yet paid Liefe's claims due to failure to comply with such obligations, including claims with regard to fines, interest and costs, all this as referred to in Article 3: 92 BW.
12.2 The goods delivered by Liefe that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer now gives unconditional and irrevocable permission to Liefe or a third party to be appointed by Liefe, in all cases in which Liefe wishes to exercise its property rights, to enter all those places where its properties will be located and to take those goods there. take.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to notify Liefe of this as soon as may reasonably be expected.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Liefe on first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.