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 cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - Obligations of the entrepreneur in the event of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional guarantee
Article 13 - Delivery and execution
Article 14 - Ongoing transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendment of the general terms and conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Supplementary 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 supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
2. Cooling-off period: the period within which the consumer can make use of the right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Ongoing agreement: an agreement that provides for the regular supply of goods, services and/or digital content over a specified period;
7. Durable medium: any tool - including email - that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made of one or more means of distance communication up to and including the conclusion of the agreement;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
12. Means of distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur having to be together in the same place at the same time;
Article 2 - Identity of the entrepreneur
LEEZZA
Brugstraat 1, Bodegraven
Telephone number: 06-40246969 Mon to Fri 9:00 - 18:00
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 made by 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, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises 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 medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted 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 in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. 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 colour differences, of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the stipulated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as 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 will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. Within legal frameworks, the entrepreneur may inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. At 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 medium:
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 guarantees and existing after-sales service;
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 execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period;
f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
For products:
1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off 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 the consumer to state his reason(s).
2. The cooling-off period referred to in paragraph 1 starts 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. in the case of agreements for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content not supplied on a tangible medium:
3. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium if information about the right of withdrawal has not been provided:
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 cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the cooling-off period
1. During the cooling-off 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 guiding principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur did not provide him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
1. If the consumer exercises his right of withdrawal, he notifies the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (a representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. In any case, the consumer has observed the return period if he returns the product before the cooling-off 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 burden of proof for the correct and timely exercise of the right of withdrawal lies 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 he will bear the costs himself, the consumer does not have to bear the return costs.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity should commence during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared with the full performance of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not 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 in the event of withdrawal or the model withdrawal form, or;
b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
8. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:
a. prior to its supply, he did not expressly consent to the commencement of performance of the agreement before the end of the cooling-off period;
b. he did not acknowledge losing his right of withdrawal when giving his consent; or
c. the entrepreneur failed to confirm this statement from the consumer.
9. If the consumer exercises his right of withdrawal, all supplementary agreements are dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the event of withdrawal
1. If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, he will send an acknowledgement of receipt immediately 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 demonstrates that he has returned the product, whichever occurs first.
3. The entrepreneur uses the same payment method for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement 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 does not have to reimburse 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 in the offer, or at least in good time before the conclusion of the agreement:
1. Products or services whose price is subject 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 mean a sales method whereby 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 whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
4. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
5. Agreements relating to leisure activities, if the agreement provides for a specific date or period for their performance;
6. Products manufactured according to the consumer's specifications, which are not prefabricated and which are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products which, by their nature, have been irreversibly mixed with other products after delivery;
10. Alcoholic 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 whose actual value depends on market fluctuations over which the entrepreneur has no control;
11. Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
13. The supply of digital content other than on a tangible medium, but only if:
a. the performance has begun with the consumer's express prior consent; and
b. the consumer has declared that he thereby loses his right of withdrawal.
14. Items ordered at the consumer's special request which are not included in the entrepreneur's standard offer. This also applies to non-standard colours and sizes.
15. Items discounted by 25% or more.
Article 11 - The price
1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices where the prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory 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. they are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
Article 12 - Performance of the agreement and additional guarantee
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 was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. Any additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed in the performance of his part of the agreement.
3. An additional guarantee means any commitment by the entrepreneur, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed in the performance of its part of the agreement.
Article 13 - Delivery and execution
1. The entrepreneur will observe the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is deemed to be the address made known by the consumer to the entrepreneur.
3. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 - Ongoing transactions: duration, termination and renewal
Termination:
1. The consumer may terminate an agreement entered into for an indefinite period and which extends to 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 period and which extends to 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 may terminate the agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or during a specific period;
- at least in the same manner as they were entered into by him;
- always with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
4. An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
5. Contrary to the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement entered into for a fixed period and which extends to 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 no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery by way of introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has ended.
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 preclude termination before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise stipulated in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off 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 confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be required in general terms and conditions to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the obligation to report inaccuracies in supplied or stated payment details to the entrepreneur without delay.
4. If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has pointed out the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, and payment is not made within this 14-day period, the consumer will owe statutory interest 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 following € 5.000,= with a minimum of € 40,=. The entrepreneur may deviate from these amounts and percentages in favour of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently publicised 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 calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
Article 17 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 18 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
Additional provisions:
Article 20 - Gift vouchers
1. The terms and conditions apply to all gift vouchers issued by the entrepreneur (both electronic and printed gift vouchers, hereinafter jointly referred to as "Gift Vouchers") that are sold and/or given by the entrepreneur or designated third parties.
2. Each gift voucher is provided with a unique code. This may be a numeric code and/or text code, or a combination thereof. Each gift voucher is issued only once. The consumer must keep the gift voucher, including the code, carefully. In the event of theft (including use of the code by unauthorised third parties) or loss (including the accidental deletion of emails), no compensation will be provided. Only original gift vouchers and codes can be used and must be provided to the entrepreneur upon request.
3. To use a gift voucher, any other applicable specific terms of use can be found on the gift voucher. LEEZZA gift vouchers have no expiry date and are therefore legally valid for up to 5 years after the date of issue. After this expiry date, the gift voucher can no longer be used.
5. Gift vouchers issued by LEEZZA and/or by third parties designated by LEEZZA can only be redeemed for purchases via www.leezza.com or spent in the shop.
6. Gift vouchers cannot be used for outstanding orders.
7. A gift voucher does not have to be used in full in one go. Any unused balance remains valid on the gift voucher.
8. Gift vouchers cannot be exchanged for cash.
9. If the total amount of the order is higher than the value of the gift voucher used, the difference must be paid using one of the payment methods used in the webshop.
10. It is not permitted to make changes to the amount, the code or the date of issue, as this will render the gift voucher invalid. Any (attempted) fraud or other unauthorised act will be recorded and will result in the use of the gift voucher being refused.
11. It is not permitted to use gift vouchers in any way for commercial purposes and/or for purposes other than those for which they were issued.
12. The gift voucher terms and conditions may be amended from time to time.