Terms of service

Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
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 trader 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 performance
Article 14 - Long-term contracts: 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 Stichting Webshop Keurmerk

Article 1 - Definitions
In these terms and conditions, the following definitions apply:
1. Supplementary agreement: an agreement under which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing performance contract: a contract that provides for the regular supply of goods, services, and/or digital content over a certain period;
7. Durable data carrier: any tool — including email — that enables the consumer or trader to store information addressed personally to them in a way that allows future reference or use for a period appropriate to the purpose of the information, and which allows the unchanged reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
9. Trader: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby, up to and including the moment the contract is concluded, one or more means of distance communication are used exclusively or additionally;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
12. Means of distance communication: a means that can be used for concluding a contract without the consumer and the trader being together in the same space at the same time;

Article 2 - Identity of the trader
LEEZZA
Brugstraat 1, Bodegraven
Telephone number: 06-40246969 Mon through 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 trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the trader’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, then, 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 by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, by electronic means or otherwise, upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favorable to them.

Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly 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 trader uses images, these are a true representation, subject to possible minor color variations, of the products, services, and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
3. Each offer contains information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The contract
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall provide a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
4. Within the bounds of the law, the trader may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reason not to enter into the contract, the trader is entitled to refuse an order or application with reasons, or to attach special conditions to its performance.
5. No later than upon delivery of the product, service, or digital content, the trader shall provide the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, with the following information:
a. the visiting address of the trader’s place of business where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the 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;
e. the requirements for terminating the contract if the contract 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 continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal
For products:
1. The consumer may dissolve a contract relating to the purchase of a product during a cooling-off period of at least 30 days without giving reasons. The trader may ask the consumer for the reason for the withdrawal, but may not require the consumer to state their reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. in the case of contracts for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a tangible medium:
3. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer for the reason for the withdrawal, but may not require the consumer to state their reason(s).
4. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the contract.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium if not informed about the right of withdrawal:
5. If the trader has not provided the consumer with the legally required information on 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 trader provides the information referred to in the preceding paragraph to the consumer within twelve months of the start date of the original cooling-off period, the cooling-off period will expire 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 shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may handle and inspect the product only as they 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 beyond what is permitted under paragraph 1.
3. The consumer is not liable for any diminished value of the product if the trader has not provided 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 the costs thereof
1. If the consumer exercises the right of withdrawal, the consumer shall notify the trader 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 shall return the product or hand it over to the trader (or a person authorized by the trader). This is not required if the trader has offered to collect the product. The consumer has in any event observed the return deadline if the consumer returns the product before the cooling-off period has expired.
3. The consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
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 trader has not stated that the consumer must bear these costs or if the trader indicates that the trader will bear the costs, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water, or electricity that have not been made ready for sale in a limited volume or set quantity begin during the cooling-off period, the consumer shall owe the trader an amount proportional to that part of the obligation which has been performed by the trader at the time of withdrawal, compared to the full performance of the obligation.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the compensation in the event of withdrawal, or the model withdrawal form; or
b. the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
8. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
a. prior to its supply, the consumer has not expressly consented to the start of the performance of the contract before the end of the cooling-off period;
b. the consumer has not acknowledged losing the right of withdrawal upon giving consent; or
c. the trader has failed to confirm this statement by the consumer.
9. If the consumer exercises the right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal
1. If the trader enables the consumer to notify withdrawal electronically, the trader shall promptly send an acknowledgement of receipt after receiving this notification.
2. The trader shall reimburse all payments made by the consumer, excluding any delivery or payment costs charged by the trader for the returned product, without delay and within 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, the trader may wait to reimburse until the trader has received the product or until the consumer has demonstrated that the product has been returned, whichever is earlier.
3. The trader shall use the same means of payment 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 method of delivery than the cheapest standard delivery, the trader is not required to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract:
1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period
2. Contracts concluded during a public auction. A public auction is a method of sale whereby products, digital content, and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
3. Service contracts, after full performance of the service, but only if:
a. performance has begun with the consumer’s explicit prior consent; and
b. the consumer has declared that they lose the right of withdrawal once the trader has fully performed the contract;
4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, the transport of goods, car rental services, and catering;
5. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
6. Products made to the consumer’s specifications, which are not prefabricated and 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 that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
9. Products which, after delivery, by their nature are inseparably mixed with other products;
10. Alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but the delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations over which the trader has no influence;
11. Sealed audio or 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. performance has begun with the consumer’s explicit prior consent; and
b. the consumer has declared that by doing so they lose the right of withdrawal.
14. Items ordered at the special request of the consumer that are not included in the trader’s standard offering. This also applies to non-standard colors and sizes.
15. Items discounted by 30% or more.

Article 11 – The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. This linkage to fluctuations and the fact that any prices quoted are target prices shall be stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the contract as of the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of the contract and additional guarantee
1. The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also warrants that the product is suitable for use other than normal use.
2. An additional guarantee provided by the trader, its supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the trader under the contract if the trader fails to fulfill their part of the contract.
3. Additional guarantee means any commitment by the trader, its supplier, importer, or producer in which certain rights or claims are granted to the consumer that go beyond what the trader is legally obligated to do in the event the trader has failed to fulfill their part of the contract.

Article 13 – Delivery and performance
1. The trader shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the trader.
3. Subject to what is stated in Article 4 of these general terms and conditions, the trader shall 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 shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Long-term contracts: duration, termination, and renewal
Termination:
1. The consumer may terminate a contract that has been concluded for an indefinite period and that provides for 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 a contract that has been concluded for a definite period and that provides for 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 contracts 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 way as they were concluded by the consumer;
- always with the same notice period as the trader has stipulated for themselves.
Renewal:
4. A contract concluded for a definite period and that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Contrary to the previous paragraph, a contract concluded for a definite period and that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, provided the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
6. A contract concluded for a definite period and that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is at most three months in the case of a contract that provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
7. A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines by way of introduction (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.
Duration:
8. If a contract has a duration of more than one year, the consumer may terminate the contract 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 provided in the contract or supplementary conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period begins on the day after the consumer has received confirmation of the contract.
2. When selling products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. Where 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.
3. The consumer has the duty to promptly report inaccuracies in provided or stated payment details to the trader.
4. If the consumer does not fulfill their payment obligation(s) on time, and after the trader has informed the consumer of the late payment and the trader has granted the consumer a period of 14 days to still fulfill the payment obligations, the consumer shall owe statutory interest on the amount still due if payment is not made within this 14-day period, and the trader is entitled to charge the extrajudicial collection costs incurred. 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 trader may deviate from the aforementioned amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure
1. The trader has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the trader within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond 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. Only Dutch law applies to contracts between the trader 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
Provisions additional to or deviating from these general terms and conditions may not be to the consumer’s detriment 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.

Additional provisions:

Article 20 - Gift Cards
1. The terms and conditions apply to all gift cards issued by the trader (both electronic and printed gift cards, hereinafter collectively referred to as "Gift Cards") that are sold and/or given by the trader or designated third parties.
2. Each gift card is provided with a unique code. This may be a numeric code and/or text code, or a combination thereof. Each gift card is issued only once. The consumer must keep the gift card, including the code, carefully. In case of theft (including use of the code by unauthorized third parties) or loss (including the (accidental) deletion of emails), no compensation will be provided. Only original gift cards and codes can be used and must be provided to the trader upon request.
3. To use a gift card, any other applicable specific terms of use can be found on the gift card. LEEZZA gift cards have no expiry date, which means they are legally valid for 5 years from the date of issue. After this expiry date, the gift card can no longer be used.
5. Gift cards issued by LEEZZA and/or by third parties designated by LEEZZA are redeemable only 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 in full at once. The unused balance remains valid on the gift card.
8. Gift cards are not redeemable for cash.
9. If the total amount of the order is higher than the value of the gift card 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; this renders the gift card invalid. Any (attempted) fraud or other unauthorized act is recorded and results in the gift card being blocked from use.
11. It is not permitted to use gift cards in any way for commercial purposes and/or for purposes other than those for which they were issued.
12. The gift card terms and conditions may be changed from time to time.