Terms and Conditions

Terms and Conditions

 

Table of Contents:

Clause 1 – Terms and definitions

Clause 2 – Identity of the entrepreneur

Clause 3 – Applicability

Clause 4 – Supply

Clause 5 – The agreement

Clause 6 – Right of withdrawal

Clause 7 – Obligations of the consumer during the period of reflection

Clause 8 – Exercising the right of withdrawal by the consumer and the costs involved

Clause 9 – Obligations of the entrepreneur regarding the right of withdrawal

Clause 10 – Exclusion of the right of withdrawal

Clause 11 – Price

Clause 12 – Compliance and extended warranty

Clause 13 – Delivery and implementation

Clause 14 – Payment

Clause 15 – Complaints

Clause 16 – Disputes

Clause 17 – Additional or deviating terms and conditions

 

Clause 1 – Terms and definitions

In these Terms and Conditions the following terms have the following definitions, unless explicitly stated otherwise.

 

 

  • Additional agreement: An agreement wherein the consumer acquires products, digital content and / or services in connection with a distance agreement and these affairs, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  • Consumer: The natural person who does not trade for purposes related to his commercial, business, craft or professional activity;
  • Continuing performance agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period of time;
  • Day: Calendar Day;
  • Digital content: data which is produced and delivered in digital format;
  • Distance agreement:
  • Distance communication techniques:
  • Period of reflection: the period within which the consumer can exercise his right of withdrawal;
  • Durable medium: Any tool – including e-mail – that allows the consumer or entrepreneur to store information directed to him personally in a manner that allows future consultation or use for a period consistent with the purpose for which the information is intended and allows for unmodified reproduction of the stored information;
  • Entrepreneur: the natural or legal person who offers goods, services and / or (access to) digital content to consumers at a distance;
  • Model withdrawal form: The European Model Form for withdrawal set out in Annex I to these Terms. Annex I need not be made available if the consumer has no right of withdrawal regarding his order;
  • Right of withdrawal: the ability for a consumer to withdraw from the distance agreement within the period of reflection;

 

 

Clause 2 – Identity of the entrepreneur

 

Neef Louis Design

Papaverweg 46-48

1032 KJ Amsterdam

t 020 – 486 93 54

open:

Tuesday till Saturday: 10:00h – 18:00h

sunday & monday closed

KvK-nummer:  68 001 436

Btw-identificatienummer (VAT) :   NL857262820B01
BIC INGBNL2a
Eori NL 857260820

 

Clause 3 – Applicability

  1. These Terms and Conditions are applicable to all offers from the entrepreneur and all distance agreements agreed upon between the consumer and the entrepreneur.
  2. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms, the consumer may always rely on the applicable provision that is most favorable to him .

 

Clause 4 – Supply

  1. Most products sold by Neef Louis Design are second-hand, meaning they are used, yet still in good shape unless stated otherwise.
  2. If an offer has a limited duration of validity or is subject to conditions, it will be explicitly stated in the offer.
  3. The offer includes a complete and detailed description of the offered products, services and / or digital content. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
  4. The use of images by the entrepreneur can be taken as a true representation of similar products and / or services, only with potentially different user traces.
  5. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
  6. Each offer contains clear information regarding the rights and obligations that are involved by accepting the offer for the consumer.
  7. Lamps are supplied with 1.5m cable, however do not contain any light source (e.g. incandescent, halogen, fluorescent tubes etc.). These are potentially available on request.
  8. The website is up to date, but it’s a snapshot at that moment. Because it’s  a webshop and a physical shop at the same time, an item can be sold while it is still on the website. In that case Neef Louis will refund the complete amount to the  webshop-consumer.
  9. Products are in good shape unless stated otherwise.
  10. Goods are for sale, unless mentioned different: ‘only for rent’ or ‘privat collection’, but also for rent or lend .(see: ‘Rentals’/verhuur). So products might be temporarily unavailable. In that case Neef Louis will contact the consumer and try to find a new date for delivery.
    Clause 5 – Agreement
  1. The agreement is established, subject to the conditions in clause 4, when the consumer accepts the offer and meets the stated conditions.
  2. In case the consumer accepts the offer electronically, the entrepreneur will immediately confirm receiving the accepted offer by electronic means. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the agreement.
  3. If the agreement is established electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data, and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
  4. Latest at delivery of the product, service or digital content, the entrepreneur shall send along the following information to the consumer either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  1. The address of the location of the business where consumers can lodge complaints;
  2. The conditions 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;
  3. Information regarding guarantees and after sales service;
  4. The price including all taxes of the product, service or digital content;
  5. Where applicable, the delivery costs, and the method of payment, delivery or performance of the distance agreement;
  6. The requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite;
  7. If the consumer has a right of withdrawal, the model withdrawal form;
  8. In the event of an extended transaction, the condition in the previous paragraph is only applicable to the first delivery.

 

Clause 6 – Right of withdrawal

Products only:

  1. The consumer may terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason of withdrawal, yet may not compel the consumer of stating his reason.
  2. The cooling-off period mentioned in paragraph 1, begins on the day after the consumer or a by the consumer pre-designated third party other than the carrier has received the product, or if the consumer ordered several products in one order: the day on which the consumer or a third party designated by him, has received the final product. The entrepreneur may, provided that he has informed the consumer on this matter prior to the ordering process in a clear manner, refuse an order of several products with different delivery times.

 

Clause 7 – Obligations of the consumer during the period of reflection

  1. During this period the consumer will carefully treat the product and packaging. He will only unpack or use the product to the extent necessary to establish its nature, characteristics and function. The principle is that the consumer should handle and inspect the product as he would be allowed to in a shop.
  2. The consumer is only liable for the diminished value of the product if it is the result of a way of dealing with the product beyond permitted in paragraph 1.
  3. The consumer is not liable for the diminished value of the product if the entrepreneur has not provided all the information required by law about the right of withdrawal before or during the establishment of the agreement.

 

Clause 8 – Exercising the right of withdrawal by the consumer and the costs involved

  1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period with presentation of the receipt.
  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, and hand it to (a representative of) the entrepreneur. This is not necessary if the entrepreneur offered to collect the product. The consumer has at least honored the redirection period if he returns the product before the cooling-off period has expired.
  3. The consumer shall send back the product with all supplied accessories, if reasonably possible in original condition and packaging, and according to the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal is the responsibility of the consumer.
  5. The consumer must bear the direct cost of returning the product. If the entrepreneur has not notified the consumer to bear those costs or the entrepreneur indicates to bear the costs himself, the consumer needs to carry the return charges.
  6. If the consumer exercises his right of withdrawal, any additional legal agreements will be terminated.

 

Clause 9 – Obligations of the entrepreneur regarding the right of withdrawal

  1. If the entrepreneur allows the notification of withdrawal by the consumer electronically, upon receipt of this notification he shall immediately send an acknowledgment of receipt.
  2. The entrepreneur shall reimburse all payments of the consumer, excluding any delivery charges, 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 refrain from repaying until he has received the product or the consumer can demonstrate that he has returned the product, whichever occurs earlier.
  3. The entrepreneur utilises the same means of payment used by the consumer for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for consumers.

 

Clause 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 stated this clearly in the offer, or at least stated this before the agreement was made.

  1. Service contracts, after complete execution of the service, but only if:

1.1 the execution has started with explicit prior consent by the consumer; and the consumer stated that he loses his right of withdrawal once the entrepreneur has completed the agreement;

  1. Service contracts for provision of accommodation, if the contract provides a specific date or period of performance other than for residential purpose, transport of goods, car rental services and catering;
  2. According to specifications for products manufactured by the consumer, not prefabricated and manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  3. Products that are after delivery inseparably mixed by their nature with other products;
  4. Sealed audio, video recordings or computer software of which the seal is broken after delivery;

 

Clause 11 – Price

  1. During the validity period mentioned in the offer, prices of the products and / or services will not increase, except for price changes due to changes in VAT rates.
  2. The prices mentioned in the product range include 0% VAT., Since the products fall in the margin scheme for used goods.

 

Clause 12 – Compliance and extended warranty

  1. The entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability taking into account the nature of the goods being “second hand and used” and on the date of the establishing of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. An extended warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims on the basis of the agreement that consumers can assert to the entrepreneur in case the entrepreneur has failed to fulfill his part of the agreement.
  3. Extended warranty means any undertaking by the entrepreneur, his supplier, importer or manufacturer granting certain rights or claims to the consumer beyond what is required by law in case the entrepreneur failed to fulfill his part of the agreement.
  4. The warranty can not be claimed if the defect is caused by:

4.1 if the consumer or other third parties has made changes to the product;

4.2 defects caused by improper use or any other use for which the product  is intended;

4.3 damage by intent or gross negligence;

4.4 by acts of God such as lightning, lightning induction etc.;

4.5 overheating by using an incandescent or halogen lamp with a wattage that is too high;

4.6 exposure to moisture, extreme heat or sunlight or extreme cold;

4.7 indirect costs caused by the decommissioning of the defective product or to remove and to reinstall items by the consumer or third parties will not be refunded;

 

Clause 13 – Delivery and implementation

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer specified to the entrepreneur.
  3. Subject to what is stated in Article 4 of these terms and conditions, the company will carry out accepted orders expeditiously yet within 30 days, unless a different delivery period is agreed upon. If delivery is delayed or if an order cannot or can only partially be carried out, the consumer receives notice no later than 30 days after placing the order. In this case the consumer has the right to terminate the contract without penalty and is entitled to compensation.
  4. After termination under the preceding paragraph, the entrepreneur will repay the amount the consumer has paid promptly.
  5. The 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 previously announced to the entrepreneur, unless otherwise agreed.

 

Clause 14 – Payment

  1. Unless otherwise specified in the agreement or additional terms, the amount owed by the consumer must be paid for in full prior to delivery. In case of an agreement to provide a service, that term starts on the day after the consumer has received the confirmation of the agreement.
  2. The consumer is obliged to immediately report any inaccuracies in the payment details to the entrepreneur.
  3. If the consumer is unable to meet his payment (s), after being made aware on the late payment by the entrepreneur, the consumer is given a period of 14 days in which to comply with his payment obligation. After failure to pay the outstanding amount within this 14-day period, the entrepreneur is entitled to charge the consumer with the extrajudicial collection costs. These collection costs total a maximum of 15% of outstanding amounts to € 2,500; 10% over the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur is allowed to deviate from these amounts and percentages in favour of the consumer.

 

Clause 15 – Complaints

The entrepreneur has a sufficiently announced complaints procedure and deals with complaints in accordance to this procedure.

  1. Complaints about the implementation of the agreement should be submitted promptly to the entrepreneur after the consumer has clearly defined any  deficiencies.
  2. The submitted complaints to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a longer processing time, within the period of 14 days the entrepreneur will confirm receipt and provide an indication of when the consumer can expect a more detailed answer.
  3. The consumer is expected to allow the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises.

 

Clause 16 – Disputes

On agreements between the entrepreneur and the consumer to which these terms and conditions apply, only the Dutch law is applicable.

 

Clause 17 – Additional or deviating terms and conditions

Additional or deviating terms and conditions may not disadvantage the consumer and should be recorded in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium.