Terms of service

Table of Contents:
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 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and associated costs
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Duration Transactions: duration, termination, and renewal
Article 15 - Payment
Article 16 - Complaints Procedure
Artikel 17 - Disputes
Artikel 18 - Industry Guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendment of the general terms and conditions Stichting Webshop Keurmerk

Article 1 - Definitions
In these terms and conditions, the following is understood as:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Long-term agreement: an agreement aimed at the regular delivery of goods, services and/or digital content over a certain period;
7. Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's ability to cancel the distance contract within the reflection period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the remote sale of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusively or partly one or more means of distance communication are used;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these conditions;
12. Technique for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be present in the same space at the same time;

Artikel 2 - Identity of the entrepreneur
LEEZZA
Brugstraat 1, Bodegraven
Phone number: 06-40246969 Mon to Fri 9:00 AM – 6:00 PM
Email address: info@leezza.com
Chamber of Commerce number: 63274280
VAT identification number: NL002054886B22

Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.
3. 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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
4. In the event that specific product or service conditions also apply alongside these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.

Article 4 – The offer
1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation, taking into account possible minor color differences, of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are connected to the acceptance of the offer.

Article 5 – The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached thereto.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm 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 may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
4. Within legal frameworks, the entrepreneur may inquire whether the consumer is able to meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.
5. The entrepreneur shall provide the following information to the consumer no later than upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first delivery.

Artikel 6 – Right of withdrawal
At products:
1. The consumer can cancel an agreement regarding the purchase of a product within a reflection period of at least 30 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige them to provide their reason(s).
2. The cooling-off period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
c. in contracts for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a tangible medium:
3. The consumer can cancel a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige them to provide their reason(s).
4. The reflection period mentioned in paragraph 3 begins on the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 30 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period
1. 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 determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for depreciation of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and its costs
1. If the consumer exercises their right of withdrawal, they notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer sends the product back or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case complied with the return period if they send the product back before the reflection period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return shipping.
6. If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water, or electricity that has not been made ready for sale in a limited volume or specific quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer does not bear any costs for the execution of services or the supply of water, gas, or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form, or;
b. the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the reflection period.
8. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. he has not expressly agreed prior to the delivery to the commencement of the performance of the contract before the end of the reflection period;
b. he has not acknowledged losing his right of withdrawal upon giving his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer exercises their right of withdrawal, all additional agreements are automatically terminated.

Article 9 – Obligations of the entrepreneur in case of withdrawal
1. If the entrepreneur enables the consumer to notify the withdrawal electronically, he shall send an acknowledgment of receipt without delay after receiving this notification.
2. The entrepreneur reimburses all payments made by the consumer, excluding any delivery or payment costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever occurs first.
3. The entrepreneur uses the same payment method for repayment that the consumer used, unless the consumer agrees to a different method. The repayment is free of charge for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this at the offer, or at least in a timely manner before the conclusion of the agreement:
1. Products or services whose price is tied to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is understood to be a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full completion of the service, but only if:
a. the execution has begun with the explicit prior consent of the consumer; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the contract;
4. Service agreements for the provision of accommodation, where the agreement specifies a certain date or period of execution and other than for residential purposes, goods transport, car rental services, and catering;
5. Agreements regarding leisure activities, if a specific date or period for their execution is provided in the agreement;
6. Products manufactured according to consumer specifications, which are not prefabricated and are produced based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that perish quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products that, by their nature, are irrevocably mixed with other products after delivery;
10. Alcoholic beverages for which the price has been agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur's control;
11. Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
12. Newspapers, journals, or magazines, except for subscriptions to these;
13. The delivery of digital content other than on a tangible medium, but only if:
a. the execution has begun with the explicit prior consent of the consumer; and
b. the consumer has declared that by doing so he loses his right of withdrawal.
14. Items ordered at the special request of the consumer that are not included in the entrepreneur's standard range. This also applies to different colors and sizes.
15. Items that are discounted by 50% or more.

Article 11 – The price
1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This tie to fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of the agreement and additional warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. By additional warranty is meant any commitment by the entrepreneur, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to in case they have failed to fulfill their part of the agreement.

Article 13 – Delivery and execution
1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery shall be the address that the consumer has provided to the entrepreneur.
3. Subject to the provisions of article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur shall promptly refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration Transactions: duration, termination, and renewal
Cancellation:
1. The consumer may terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a fixed term, which involves the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or within a certain period;
- at least terminate in the same manner as they were entered into by him;
- always cancel with the same notice period that the entrepreneur has stipulated for themselves.
Extension:
4. An agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain period.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed term and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed term and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is at most three months in the case the agreement is aimed at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period.
Duration:
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment
1. Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be required in general terms and conditions to prepay more than 50%. When prepayment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed prepayment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
4. If the consumer does not fulfill his payment obligation(s) on time, after the entrepreneur has pointed out the late payment to him and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the absence of payment within this 14-day period, the statutory interest is owed on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 16 – Complaints Procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

Article 17 – Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 18 – Additional or deviating provisions
Aanvullende dan wel van deze algemene voorwaarden afwijkende bepalingen mogen niet ten nadele van de consument zijn en dienen schriftelijk te worden vastgelegd dan wel op zodanige wijze dat deze door de consument op een toegankelijke manier kunnen worden opgeslagen op een duurzame gegevensdrager.

Additional provisions:

Article 20 - Gift Vouchers
1. The terms and conditions apply to all gift cards issued by the entrepreneur (both electronic and printed gift cards, hereinafter collectively referred to as "Gift Cards") that are sold and/or given by the entrepreneur or designated third parties.
2. Each gift card is provided with a unique code. This can be a numeric code and/or text code, or a combination of both. Each gift card can only be redeemed once. The consumer must carefully keep the gift card including the code. In case of theft (including unauthorized use of the code by third parties) or loss (including accidental deletion of emails), no compensation will be provided. Only original gift cards and codes can be used and must be provided to the entrepreneur upon request.
3. To use a gift card, any applicable additional specific terms of use can be found on the gift card. The gift cards from LEEZZA have no expiration date, which means they are legally valid for up to 5 years after the issue date. After this expiration date, the gift card can no longer be used.
5. Gift vouchers issued by LEEZZA and/or by third parties designated by LEEZZA are only redeemable for purchases via www.leezza.com or to be spent in the store.
6. Gift cards cannot be used for outstanding orders.
7. A gift card does not have to be used up in one go. The unused balance remains valid on the gift card.
8. Gift vouchers are not redeemable for cash.
9. If the total amount of the order is higher than the value of the used gift card, the difference must be paid using one of the payment methods accepted in the webshop.
10. It is not permitted to make changes to the amount, the code, or the issue date, as this will invalidate the gift card. Any (attempted) fraud or other unauthorized actions will be recorded and will result in the denial of use of the gift card.
11. It is not permitted to use gift cards in any way for commercial purposes and/or other purposes than those for which they were issued.
12. The gift card terms and conditions may be changed from time to time.