General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
- Reflection period: the period within which the consumer may make use of his right of withdrawal;
- Consumer: the natural person who does not act for purposes relating to his trade, business, craft, or professional activities;
- Day: calendar day;
- Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling 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;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same place at the same time.
Article 2 - Identity of the entrepreneur
Name: Lammers&Lammers
Address: Haarlemmerstraatweg 79 1165 MK Halfweg, Nederland
Telephone number: 06-49634324
E-Mail: info@lammersenlammers.nl
Chamber of Commerce number: 53338278
VAT identification number: NL850843480.B01
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is concluded between the entrepreneur and the consumer.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
Article 5 - The agreement
The 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 conditions laid down.
Article 6 - Right of withdrawal
In case of products:
- The consumer can terminate an agreement concerning the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not force him to give his reasons.
- The reflection period referred to in paragraph 1 commences on the day following receipt of the product by the consumer, or a third party designated by him in advance, who is not the carrier, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may refuse an order for several products with different delivery times, provided that he informs the consumer of this clearly prior to the ordering process.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part.
- in 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, received the first product.
Article 7 - Obligations of the consumer during the reflection period
During the reflection period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish 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.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he shall notify the entrepreneur thereof within the reflection period by means of the model withdrawal form or in another unequivocal manner.
Article 9 - Obligations of the entrepreneur in case of withdrawal
If the entrepreneur makes it possible for the consumer to notify withdrawal electronically, he shall send a confirmation of receipt without delay upon receipt of such notification.
Article 10 - Exclusion of the 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 a timely manner before conclusion of the agreement:
- Service contracts, after full performance of the service, but only if:
- the performance started with the consumer's explicit prior consent; and
- the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully performed the agreement.
- Products made according to the consumer's 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.
- Products that spoil quickly or have a limited shelf life.
Article 11 - The price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Article 12 - Compliance and additional warranty
The 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 and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Article 13 - Delivery and execution
The entrepreneur shall take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Article 14 - Duration transactions: duration, termination, and extension
Termination:
- The consumer may terminate an agreement that has been concluded 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 up to one month.
- The consumer may terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period subject to the agreed termination rules and a notice period of up to one month.
- The consumer may terminate the agreements referred to in the previous paragraphs:
- at least one month's notice;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.
Article 15 - Payment
Unless otherwise agreed, the amounts due by the consumer must be paid within 14 days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after delivery of the documents containing the consumer's statement regarding the contract may only be agreed upon if the consumer is free to dissolve the contract before the extended deadline expires.
Article 16 - Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Article 17 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law.
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 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.