General terms and conditions
In these Terms and Conditions, the following terms shall have the following meanings:
Entrepreneur: LEMARQ B.V.;
Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with LEMARQ;
Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organized by LEMARQ for distance sale of products;
Technology for distance communication: a means to be used for concluding an agreement, without the consumer and LEMARQ being together in the same place at the same time;
Cooling-off period: the period during which the Consumer may exercise the right of withdrawal;’
Right of withdrawal: the option for Consumers to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Continuing performance contract: a distance contract concerning a series of products, for which the offer and/or purchasing obligation is spread over a longer period;
Long-term data carrier: any means that allow the Consumer or LEMARQ to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
2. The entrepreneur’s identity
|Name of Entrepreneur||:||LEMARQ B.V.|
|Address:||:||Paasheuvelweg 1 (e6)|
|1105 BE Amsterdam|
|Chamber of Commerce||:||58728805|
3.1 These General Terms and Conditions apply to any offer from LEMARQ and to any distance contract concluded by LEMARQ and the Consumer.
3.2 Before concluding a distance contract, LEMARQ shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably not possible, LEMARQ, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at LEMARQ´s and that, at the Consumer´s request, they will be sent to the Consumer free of charge as soon as possible.
3.3 If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise;
3.4 If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favorable to him/her.
4. The offer
4.1 If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
4.2 The offer contains a full and accurate description of the products offered. The description is suitably detailed to enable the Consumer to assess the products adequately. If LEMARQ makes use of pictures, they are truthful images of the products provided. Obvious errors or mistakes in the offer are not binding for LEMARQ.
4.3 All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:
− the price, including taxes;
− any delivery costs, if applicable;
− the way in which the agreement will be concluded, and what actions are needed to establish this;
− whether or not the right of withdrawal is applicable;
− the form of payment, delivery or performance of the contract;
− the time frame for accepting the offer, or , as the case may be, the time frame for honoring the price;
− the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
− if the contract is filed after conclusion, how the Consumer can consult it;
− the manner in which the Consumer may acquaint him/herself with undesired actions before concluding the contract, and the way the Consumer may correct these actions before the contract is concluded;
− any languages other than Dutch in which the contract can be concluded;
− the codes of conduct to which LEMARQ has submitted and the manner in which the Consumer can consult these codes of conduct via electronic means.
5. The contract
5.1 Subject to the provisions in 5.4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
5.2 If the consumer accepted the offer via electronic means, LEMARQ shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
5.3 If the contract is concluded electronically, LEMARQ will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, LEMARQ shall observe appropriate security measures.
5.4 LEMARQ may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, LEMARQ has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
5.5 LEMARQ shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the postal address of LEMARQ´s establishment where the Consumer may get into contact for any complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the information as stated in 4.3 of these Terms and Conditions, unless LEMARQ has already provided the Consumer with this information before the performance of the contract.
6. Right of withdrawal
6.1 When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the Consumer.
6.2 During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to LEMARQ in conformity with LEMARQ´s reasonable and clear instructions.
7. Costs in case of withdrawal
7.1 Should the Consumer exercise the right of withdrawal, only the returning costs are LEMARQ´s expense, unless otherwise agreed, and only for shipments from the Netherlands.
7.2 If the Consumer has made a payment, LEMARQ shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
8. Exclusion of the right of withdrawal
8.1 If the Consumer does not have the right of withdrawal, LEMARQ can exclude this right only if LEMARQ indicated this clearly in the offer or at least in good time before concluding the contract.
8.2 Exclusion of the right of withdrawal is only possible for products:
a. that were realized according to the Consumer’s specifications;
b. that are obviously personal in nature;
c. that cannot be returned due to their nature.
9. The price
9.1 The prices of the products provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
9.2 Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
9.3 Price increases from 3 months after concluding the contract are permitted only if LEMARQ has stipulated it and
- they are the result of legal regulations or stipulations, or
- the Consumer has the authority to cancel the contract before the day on which the price increase starts.
9.4 All prices indicated in the provision of products or services are including VAT.
10. Conformity and Guarantee
10.1 LEMARQ guarantees that the products comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
10.2 An arrangement offered as a guarantee by LEMARQ, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against LEMARQ about a failure in the fulfilment of LEMARQ’s obligations based on the law and/or the distance contract.
11. Delivery and execution
11.1 LEMARQ shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
11.2 The place of delivery is at the address given by the Consumer to the company.
11.3 With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
11.4 In the event of repudiation under the preceding paragraph, LEMARQ shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
11.5 If delivering an ordered product turns out to be impossible, LEMARQ shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by LEMARQ.
11.6 Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with LEMARQ until the time they are delivered to the Consumer.
12.1 The Consumer has the duty to inform LEMARQ promptly of possible inaccuracies in the payment details.
12.2 In case of nonpayment on the part of the Consumer, and subject to legal restrictions, LEMARQ is entitled to charge any predetermined reasonable costs incurred to the Consumer.
13. Complaints procedure
13.1 LEMARQ shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
13.2 Complaints about the performance of the contract shall be submitted to LEMARQ fully and clearly described within a reasonable time after the Consumer has discovered the defects.
13.3 The complaints submitted with LEMARQ shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, LEMARQ shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
14. Additional or varying provisions
Additional provisions of and/or deviations from these General Terms and Conditions may not be to the Consumer’s detriment and must be put in writing or be recorded in such a way that the Consumer can stored them in an accessible manner on a long-term data carrier.