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 - Exercising the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur upon withdrawal
Article 10 - Exclusion right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and performance
Article 14 - Duration transactions:duration, cancellation and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or deviating provisions
Article 20 - Changes to the general terms and conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these terms and conditions:
1Supplementary 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 on the basis of an agreement between that third party and the entrepreneur;
2Reflection period:the period within which the consumer can make use of his right of withdrawal;
3Consumer:the natural person who does not act for purposes related to his trade, business, craft or profession;
4Day:calendar day;
5Digital content:data produced and delivered in digital form;
6Continuing performance contract:an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7Durable data carrier:any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8Right of withdrawal:the option of the consumer to waive the distance contract within the cooling-off period;
9Entrepreneur:the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10Distance contract:an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement. becomes of one or more distance communication techniques;
11Model withdrawal form:the European model withdrawal form included in Annex I of these terms and conditions;
12Technique for distance communication:means that can be used to conclude an agreement, without the consumer and entrepreneur having to come together in the same room at the same time;
Article 2 - Identity of the entrepreneur
LEEZZA
Brugstraat 1, Bodegraven
Telephone 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
1These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer
2Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumerIf this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's and that they will be sent free of charge as soon as possible at the request of the consumer.
3If 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 can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrierIf this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
Article 4 – The offer
1If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer
2The offer contains a complete and accurate description of the products, digital content and/or services offeredThe description is sufficiently detailed to enable a proper assessment of the offer by the consumerIf the entrepreneur uses images, these are a true representation, taking into account possible small color differences, of the products, services and/or digital content offered.Obvious mistakes or errors in the offer do not bind the entrepreneur
3Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The agreement
1The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2If the consumer has accepted the offer electronically, the entrepreneur will 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 can dissolve the agreement
3If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment.If the consumer can pay electronically, the entrepreneur will take appropriate security measures
4Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contractIf, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
5At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
athe visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
bthe conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
cthe information about warranties and existing after-sales service;
dthe price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
ethe requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;
fif the consumer has a right of withdrawal, the model form for withdrawal
6In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery
Article 6 – Right of withdrawal
By products:
1The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons.The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
2The cooling-off period referred to in paragraph 1 commences 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:
aif the consumer has ordered several products in the same order:the day on which the consumer, or a third party designated by him, has received the last productThe entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
bif the delivery of a product consists of several shipments or parts:the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
cin the case of agreements for regular delivery of products during a certain period:the day on which the consumer, or a third party designated by him, has received the first product
For services and digital content that is not supplied on a tangible medium:
3The consumer can terminate a service agreement and an agreement for the delivery of digital content that is not supplied on a material carrier for a minimum period of 14 days without giving reasons.The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
4The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement
Extended cooling-off period for products, services and digital content that is not supplied on a material carrier if information is not provided about the right of withdrawal:
5If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
1During the cooling-off period, the consumer will handle the product and the packaging with careHe will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product.The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop
2The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3The consumer is not liable for any reduction in the value 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 agreement.
Article 8 – Exercising the right of withdrawal by the consumer and costs thereof
1If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneurThis is not necessary if the entrepreneur has offered to collect the product himselfThe consumer has in any case observed the return period if he returns the product before the cooling-off period has expired
3The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer
5The consumer bears the direct costs of returning the productIf the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the goods.
6If the consumer revokes after having first expressly requested that the provision of the service or the supply of gas, water or electricity that has not been made ready for sale commence in a limited volume or specific quantity during the cooling-off period, the consumer owes the entrepreneur a an amount due that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation
7The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
athe entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
bthe consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period
8The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
aprior to delivery, he has not expressly agreed to commencing fulfillment of the agreement before the end of the cooling-off period;
bhe has not acknowledged losing his right of withdrawal when giving his consent; or
cthe entrepreneur has failed to confirm this statement from the consumer
9If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law
Article 9 – Obligations of the entrepreneur upon withdrawal
1If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2The entrepreneur will reimburse all payments made by the consumer, excluding any delivery or payment costs charged by the entrepreneur for the returned product, immediately 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 with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3The entrepreneur uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to a different methodThe refund is free of charge for the consumer
4If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2Agreements concluded during a public auctionA public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3Service agreements, after full performance of the service, but only if:
athe performance has begun with the express prior consent of the consumer; and
bthe consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
5Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
6Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7Products that spoil quickly or have a limited shelf life;
8Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
9Products that are irrevocably mixed with other products after delivery due to their nature;
10Alcoholic beverages, the price of which was agreed when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
11Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
12Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13The supply of digital content other than on a tangible medium, but only if:
athe performance has begun with the express prior consent of the consumer; and
bthe consumer has stated that he thereby loses his right of withdrawal
14Articles ordered at the special request of the consumer that are not included in the standard offer of the entrepreneur.
Article 11 – The price
1During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices.This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer
3Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
athey are the result of legal regulations or provisions; or
bthe consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect
5The prices stated in the offer of products or services include VAT
Article 12 – Compliance with the agreement and extra guarantee
1The 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 regulationsIf agreed, the entrepreneur also guarantees that the product is suitable for other than normal use
2An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.
Article 13 – Delivery and performance
1The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2The place of delivery is the address that the consumer has made known to the entrepreneur
3With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed.If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order.In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation
4After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid
5The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Duration transactions:duration, cancellation and renewal
Cancellation:
1The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least maximum one month
3The consumer can use the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- cancel at least in the same way as they have been entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself
Extension:
4An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has signed this extended agreement against at the end of the extension can cancel with a notice period of no more than one month
6An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period
Duration:
8If 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 term.
Article 15 – Payment
1Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the reflection period commences, or in the absence of a reflection period within 14 days after the conclusion of the agreement.In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement
2When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advanceWhen advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur
4If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest is due on the amount still due 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 can deviate from the stated amounts and percentages in favor of the consumer
Article 16 – Complaints procedure
1The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure
2Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receiptIf a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 17 – Disputes
1Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions applyEven if the consumer lives abroad
2The Vienna Sales Convention does not apply
Article 18 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier
Supplementary Provisions:
Article 20 - Gift Vouchers
1The terms and conditions apply to all gift vouchers issued by the entrepreneur (both electronic and printed gift vouchers, hereinafter collectively"Gift Certificates") that are sold and/or given by the entrepreneur or designated third parties
2Each gift voucher has a unique codeThis can be a number code and/or text code, or a combination of theseEach gift voucher is only reinforced onceThe consumer must carefully keep the gift card including codeIn the event of theft (including the use of the code by unauthorized third parties) or loss (including the (accidental) deletion of e-mails), no compensation will be paid.Only original gift vouchers and codes can be used and must be provided to the entrepreneur upon request
3To use a gift voucher, any applicable other specific terms of use must be found on the gift voucherLEEZZA gift vouchers do not have an expiration date, which means that they are legally valid for 5 years after the date of issueAfter this expiration date, the gift voucher can no longer be used
5Gift vouchers issued by LEEZZA and/or third parties designated by LEEZZA are only redeemable for purchases via www.leezza.com or to spend in the store
6Gift vouchers cannot be used for open orders
7A gift voucher does not have to be used in full at onceThe unused balance remains valid on the gift voucher.
8Gift vouchers cannot be exchanged for cash
9If the total amount of the order is higher than the value of the gift voucher used, the difference must be paid with one of the payment methods used in the webshop
10It is not allowed to make changes to the amount, the code or the issue date, this will make the gift voucher invalidAny (attempted) fraud or other unauthorized action will be registered and will result in the use of the gift card being denied
11It is not permitted to use gift vouchers in any way for commercial purposes and/or purposes other than those for which they were issued
12The gift card terms and conditions may change from time to time.
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 - Exercising the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur upon withdrawal
Article 10 - Exclusion right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and performance
Article 14 - Duration transactions:duration, cancellation and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or deviating provisions
Article 20 - Changes to the general terms and conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these terms and conditions:
1Supplementary 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 on the basis of an agreement between that third party and the entrepreneur;
2Reflection period:the period within which the consumer can make use of his right of withdrawal;
3Consumer:the natural person who does not act for purposes related to his trade, business, craft or profession;
4Day:calendar day;
5Digital content:data produced and delivered in digital form;
6Continuing performance contract:an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7Durable data carrier:any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8Right of withdrawal:the option of the consumer to waive the distance contract within the cooling-off period;
9Entrepreneur:the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10Distance contract:an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement. becomes of one or more distance communication techniques;
11Model withdrawal form:the European model withdrawal form included in Annex I of these terms and conditions;
12Technique for distance communication:means that can be used to conclude an agreement, without the consumer and entrepreneur having to come together in the same room at the same time;
Article 2 - Identity of the entrepreneur
LEEZZA
Brugstraat 1, Bodegraven
Telephone 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
1These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer
2Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumerIf this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be viewed at the entrepreneur's and that they will be sent free of charge as soon as possible at the request of the consumer.
3If 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 can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrierIf this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
Article 4 – The offer
1If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer
2The offer contains a complete and accurate description of the products, digital content and/or services offeredThe description is sufficiently detailed to enable a proper assessment of the offer by the consumerIf the entrepreneur uses images, these are a true representation, taking into account possible small color differences, of the products, services and/or digital content offered.Obvious mistakes or errors in the offer do not bind the entrepreneur
3Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The agreement
1The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2If the consumer has accepted the offer electronically, the entrepreneur will 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 can dissolve the agreement
3If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment.If the consumer can pay electronically, the entrepreneur will take appropriate security measures
4Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contractIf, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
5At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
athe visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
bthe conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
cthe information about warranties and existing after-sales service;
dthe price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
ethe requirements for termination of the agreement if the agreement has a duration of more than one year or is of an indefinite duration;
fif the consumer has a right of withdrawal, the model form for withdrawal
6In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery
Article 6 – Right of withdrawal
By products:
1The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons.The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
2The cooling-off period referred to in paragraph 1 commences 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:
aif the consumer has ordered several products in the same order:the day on which the consumer, or a third party designated by him, has received the last productThe entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
bif the delivery of a product consists of several shipments or parts:the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
cin the case of agreements for regular delivery of products during a certain period:the day on which the consumer, or a third party designated by him, has received the first product
For services and digital content that is not supplied on a tangible medium:
3The consumer can terminate a service agreement and an agreement for the delivery of digital content that is not supplied on a material carrier for a minimum period of 14 days without giving reasons.The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason(s).
4The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement
Extended cooling-off period for products, services and digital content that is not supplied on a material carrier if information is not provided about the right of withdrawal:
5If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
1During the cooling-off period, the consumer will handle the product and the packaging with careHe will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product.The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop
2The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
3The consumer is not liable for any reduction in the value 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 agreement.
Article 8 – Exercising the right of withdrawal by the consumer and costs thereof
1If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneurThis is not necessary if the entrepreneur has offered to collect the product himselfThe consumer has in any case observed the return period if he returns the product before the cooling-off period has expired
3The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer
5The consumer bears the direct costs of returning the productIf the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for returning the goods.
6If the consumer revokes after having first expressly requested that the provision of the service or the supply of gas, water or electricity that has not been made ready for sale commence in a limited volume or specific quantity during the cooling-off period, the consumer owes the entrepreneur a an amount due that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation
7The consumer bears no costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
athe entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
bthe consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period
8The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
aprior to delivery, he has not expressly agreed to commencing fulfillment of the agreement before the end of the cooling-off period;
bhe has not acknowledged losing his right of withdrawal when giving his consent; or
cthe entrepreneur has failed to confirm this statement from the consumer
9If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law
Article 9 – Obligations of the entrepreneur upon withdrawal
1If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
2The entrepreneur will reimburse all payments made by the consumer, excluding any delivery or payment costs charged by the entrepreneur for the returned product, immediately 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 with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
3The entrepreneur uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to a different methodThe refund is free of charge for the consumer
4If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
1Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2Agreements concluded during a public auctionA public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3Service agreements, after full performance of the service, but only if:
athe performance has begun with the express prior consent of the consumer; and
bthe consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
5Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
6Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7Products that spoil quickly or have a limited shelf life;
8Sealed products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
9Products that are irrevocably mixed with other products after delivery due to their nature;
10Alcoholic beverages, the price of which was agreed when the agreement was concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
11Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
12Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13The supply of digital content other than on a tangible medium, but only if:
athe performance has begun with the express prior consent of the consumer; and
bthe consumer has stated that he thereby loses his right of withdrawal
14Articles ordered at the special request of the consumer that are not included in the standard offer of the entrepreneur.
Article 11 – The price
1During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices.This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer
3Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
athey are the result of legal regulations or provisions; or
bthe consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect
5The prices stated in the offer of products or services include VAT
Article 12 – Compliance with the agreement and extra guarantee
1The 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 regulationsIf agreed, the entrepreneur also guarantees that the product is suitable for other than normal use
2An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he assigns certain rights or claims to the consumer that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.
Article 13 – Delivery and performance
1The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2The place of delivery is the address that the consumer has made known to the entrepreneur
3With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed.If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order.In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation
4After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid
5The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Duration transactions:duration, cancellation and renewal
Cancellation:
1The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least maximum one month
3The consumer can use the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period;
- cancel at least in the same way as they have been entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself
Extension:
4An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has signed this extended agreement against at the end of the extension can cancel with a notice period of no more than one month
6An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month.The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period
Duration:
8If 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 term.
Article 15 – Payment
1Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the reflection period commences, or in the absence of a reflection period within 14 days after the conclusion of the agreement.In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement
2When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advanceWhen advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur
4If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest is due on the amount still due 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 can deviate from the stated amounts and percentages in favor of the consumer
Article 16 – Complaints procedure
1The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure
2Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receiptIf a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 17 – Disputes
1Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions applyEven if the consumer lives abroad
2The Vienna Sales Convention does not apply
Article 18 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier
Supplementary Provisions:
Article 20 - Gift Vouchers
1The terms and conditions apply to all gift vouchers issued by the entrepreneur (both electronic and printed gift vouchers, hereinafter collectively"Gift Certificates") that are sold and/or given by the entrepreneur or designated third parties
2Each gift voucher has a unique codeThis can be a number code and/or text code, or a combination of theseEach gift voucher is only reinforced onceThe consumer must carefully keep the gift card including codeIn the event of theft (including the use of the code by unauthorized third parties) or loss (including the (accidental) deletion of e-mails), no compensation will be paid.Only original gift vouchers and codes can be used and must be provided to the entrepreneur upon request
3To use a gift voucher, any applicable other specific terms of use must be found on the gift voucherLEEZZA gift vouchers do not have an expiration date, which means that they are legally valid for 5 years after the date of issueAfter this expiration date, the gift voucher can no longer be used
5Gift vouchers issued by LEEZZA and/or third parties designated by LEEZZA are only redeemable for purchases via www.leezza.com or to spend in the store
6Gift vouchers cannot be used for open orders
7A gift voucher does not have to be used in full at onceThe unused balance remains valid on the gift voucher.
8Gift vouchers cannot be exchanged for cash
9If the total amount of the order is higher than the value of the gift voucher used, the difference must be paid with one of the payment methods used in the webshop
10It is not allowed to make changes to the amount, the code or the issue date, this will make the gift voucher invalidAny (attempted) fraud or other unauthorized action will be registered and will result in the use of the gift card being denied
11It is not permitted to use gift vouchers in any way for commercial purposes and/or purposes other than those for which they were issued
12The gift card terms and conditions may change from time to time.