ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms are used in the following sense, unless the nature or purport of the clauses dictate otherwise.
- General terms and conditions: the present document General Terms and Conditions Consumers Louët BV.
- Louët: Louët BV, the user of these general terms and conditions, established at Kwinkweerd 139 in Lochem, the Netherlands, registered in the trade register under Chamber of Commerce number 66876338.
- Consumer: any natural person, not acting in the exercise of a profession or business, who has concluded or intends to conclude an agreement with Louët.
- Agreement: any agreement concluded between the consumer and Louët with which Louët has committed towards the consumer tot he sale and delivery of products and / or the performance of (assembly)work at a price that has been further agreed between the parties.
- Distance agreement: the agreement as referred to in the previous paragraph that has been concluded between Louët and the consumer within the framework of an organized system for distance selling without the simultaneous personal presence of Louët and the consumer and whereby, up to and including the conclusion of the agreement, use has been made exclusively of one or more means of distance communication, including the agreement concluded on the website through the Louët web shop.
- Work: all work to which Louët has committed itself towards the consumer in the context of the agreement, such as assembly work.
- Website: louet.nl.
- Products: all items to be delivered to the consumer by or on behalf of Louët in the context of the agreement, such as spinning wheels, loom and other hobby products.
- Right of dissolution: the legal possibility offered to the consumer to dissolve the distance contract within 14 days after receipt of the products without giving reasons.
ARTICLE 2. | GENERAL PROVISIONS
- These general terms and conditions apply to every offer from Louët and every agreement concluded.
- Destruction or invalidity of one or more of the present provisions does not affect the validity of the other clauses. In an appropriate case the parties are obliged to consult each other in order to make a replacement arrangement with regard to the affected clause. In doing so, the aim and scope of the original provision are taken into account as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
- Unless a period for acceptance is stated therein, any offer from Louët is without obligation.
- The consumer cannot derive any rights from an offer from Louët that contains a manifest error or mistake.
- In the context of a distance agreement, the images and product data displayed on the website offer a truthful representation and / or as complete and accurate description of the products offered. This data is sufficiently detailed to enable a proper assessment of the product range.
- Every agreement is established through offer and acceptance. For a distance contract, it applies that the consumer’s order is confirmed by Louët by e-mail and the consumer meets all the conditions stated in the offer. The order confirmation sent by e-mail by Louët is deemed to have been received by the consumer at the time that the order confirmation is sent by Louët. An error in the e-mail address provided by the consumer is at his risk.
ARTICLE 4. | PERIODS
- If Louët is dependent on information to be provided by the other party for the performance of the agreement, implementation and delivery / completion periods will not commence until Louët has received this information.
- Louët endeavours to comply with the execution and delivery deadlines agreed between the parties, but these deadlines are never strict deadlines. Louët’s default will not occur until after the consumer has notified Louët in writing that a reasonable period for compliance has been offered and Louët is still in default after the expiry of the latter period.
ARTICLE 5. | SALE AND DELIVERY OF PRODUCTS
- The delivery of the products takes place, unless explicitly agreed otherwise, by delivery thereof to the delivery address specified by the consumer. In case no specific delivery address is specified, the billing address serves as the delivery address.
- Louët takes the greatest possible care when executing and delivering the order.
- Louët is only obliged to implement an order if the consumer has met the conditions stated in the offer.
- Louët reserves the right to have partial delivery of orders.
- The risk of loss and damage to the products is transferred to the consumer when the products have been received by or on behalf of the consumer.
ARTICLE 6. | ACTIVITIES
- This article applies, without prejudice to the other provisions of these general terms and conditions, to the extent that Louët has committed itself towards the consumer to the performance of (assembly) activities in connection with product sales.
- The consumer must provide Louët with all information that is relevant to the design and execution of the work in a timely, correct and complete manner. Furthermore, the consumer must always provide Louët with all the cooperation required for the implementation of the agreement.
- The consumer must ensure the correct and timely execution of all establishments, facilities and other conditions that are necessary for the proper execution of the work. Furthermore, the consumer must ensure for his own account and risk that:
- Louët gains access to the place of execution at the agreed time and can carry out the work during normal working hours. If Louët deems this necessary, the consumer must provide the opportunity to perform the work outside of normal working hours. Louët will notify this as soon as possible;
- the access routes and designated place of execution are suitable for the supply or storage of the products and all other items required for the execution of the work.
- Louët must be able to make free use of all facilities reasonably necessary for the execution of the work at the location where the work is being carried out, such as electricity.
- If the consumer fails to fulfil his obligations as referred to in the preceding paragraphs, Louët is entitled, without prejudice to the other provisions of these general terms and conditions, to suspend the execution of the agreement and any delay / waiting hours and suffered. passing on damage to the consumer.
- When the work is delivered, the consumer is obliged to immediately check whether the work delivered meets the contract. If, in the opinion of the consumer, the delivered goods do not comply with the agreement, they must notify Louët of this immediately upon delivery, failing which it is assumed that the delivered goods comply with the agreement.
ARTICLE 7. | FORCE MAJEURE
- Louët is not obliged to fulfil any obligation under the agreement if and insofar as it is hindered by a circumstance that cannot be imputed to it by virtue of the law, legal act or social opinion. Force majeure also includes the circumstance that Louët is unable to deliver products (on time) due to its suppliers.
- During the period of force majeure the obligations of parties from the agreement are suspended.
- If the performance of the agreement becomes permanently impossible due to force majeure, the parties are entitled to terminate the agreement with immediate effect.
- If, at the start of the force majeure situation, Louët has already partially fulfilled its obligations or can only partially meet its obligations, it is entitled to separately invoice the already executed part or executable part of the agreement as if it were an independent agreement.
- Damage as a result of force majeure, other than restitution and remission of the agreed price for that part of the agreement that is affected by force majeure, will never qualify for compensation.
ARTICLE 8. | RIGHT OF DISSOLUTION FOR DISTANCE AGREEMENTS
- Subject to the other provisions of this article, the consumer may terminate the distance contract for 14 days after receipt of the products, or if orders are delivered in parts, after receipt of the last partial delivery, without giving reasons.
- The consumer who exercises the right of dissolution can dissolve the distance contract by submitting a request to Louët by e-mail or by using the model form for cancellation. As soon as possible after Louët has been informed of the intention of the consumer to terminate the distance agreement and if the conditions in this article are met, Louët will confirm the termination of the distance agreement by e-mail to the consumer .
- If the consumer exercises the right of dissolution, he must handle the product and the packaging with care during the period referred to in paragraph 1.
- If the consumer exercises the right of dissolution, he will return the product undamaged, with all accessories supplied and in its original condition and packaging to Louët.
- If the delivered goods have been subject to a value reduction due to the fact that the consumer has done more than was necessary to assess the nature, characteristics and possible operation of the products, Louët is entitled to charge this value reduction, whether or not by settle with the payments received from the consumer.
- Return of the products must take place within fourteen days after the dissolution of the remote agreement, in accordance with the provisions of paragraph 2, has been confirmed by Louët.
- If the consumer makes use of the right of dissolution, the costs of returning the products will be borne by the consumer.
- Louët will refund the payments received from the consumer, less any depreciation, as soon as possible, but no later than within fourteen days after the dissolution of the distance contract, to the consumer, provided that the products have been received back by Louët or have been received by the consumer. demonstrated that the products have actually been returned.
ARTICLE 9. | PRICES AND PAYMENTS
- Unless explicitly agreed otherwise, all stated product prices are exclusive of shipping costs. Before the agreement is concluded, the total price owed by the consumer is stated, including VAT and shipping costs.
- Payments must, unless explicitly agreed otherwise, be made in advance. In the case of prepayment, the consumer cannot assert any rights with regard to the implementation of the agreement as long as the prepayment has not been received by Louët. If the sale takes place at Louët’s location, payment must be made before or upon purchase of the products.
- If timely payment is not made, the default of the consumer will occur by operation of law. From the day that the default occurs, the consumer owes the statutory interest on the outstanding amount.
- All reasonable costs, both judicial, extrajudicial and execution costs, to obtain amounts owed by the consumer, are for his account.
ARTICLE 10. | COMPLAINTS
- Complaints regarding the implementation of the agreement must be submitted to Louët by e-mail within a reasonable time after the consumer has found the defects, fully and clearly described.
- Complaints submitted to Louët will be answered within a period of fourteen days after receipt thereof. If a complaint requires a longer processing time, a reply will be sent within the period of fourteen days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
ARTICLE 11. | WARRANTY
- Louët gives a 3-year manufacturer’s warranty on the products.
- A warranty provided by Louët, manufacturer or importer does not affect the mandatory legal rights and claims that consumers can assert against Louët.
- Without prejudice to the provisions of any explicitly stipulated warranty conditions, any warranty will lapse if a defect of the product is the result of an external cause or the rest cannot be attributed to Louët. This includes non-exhaustive, defects as a result of damage, incorrect or improper use, non-professional and regular maintenance or maintenance, making changes to the products – including repairs that have not been carried out with the prior permission of Louët .
ARTICLE 12. | LIABILITY
- The fulfilment by Louët of the obligations under the guarantee are considered as general compensation. If, nevertheless, further liability of Louët exists, that liability is limited to what is stipulated in the present conditions.
- No liability of Louët exists if the damage was caused by a circumstance on the basis of which any stipulated guarantee has lapsed, and if the damage was caused by a circumstance that cannot otherwise be attributed to Louët.
- Louët is never liable for damage caused by the fact that it was based on incorrect or incomplete information provided by or on behalf of the consumer.
- Louët has the right at all times to repair the damage suffered by the consumer for which Louët is liable. The consumer must give Louët the opportunity to do so, failing which any liability of Louët in this regard will lapse.
- If, on the basis of the circumstances of the case, a more extensive liability of Louët exists, that liability is limited to at most the invoice value of the agreement, or at least to that part of the agreement to which Louët’s liability relates, on the understanding that that the liability of Louët will never amount to more than the amount actually paid out in the case in question based on the liability insurance taken out by Louët, plus the possible deductible of Louët that applies under that insurance.
- The limitation period of all claims and defences against Louët is one year. Contrary to the previous sentence, claims and defences accruing to consumers, which are based on facts that would justify the claim that a consumer purchase does not comply with the agreement, expire after two years. The right to bring a claim or defence in connection with the existence of a defect of a product expires in respect of a consumer purchase after two months after the consumer has discovered the defect.
- The limitation in this article does not extend beyond what is permitted by virtue of article 7:24 paragraph 2 of the Dutch Civil Code.
ARTICLE 13. | FINAL PROVISIONS
- Dutch law applies exclusively to every agreement and all legal relationships resulting from it between parties.
- Parties will only appeal to the court after they have made the best effort to settle the dispute in mutual consultation.
- The text in these general terms and conditions is a translation from the original Dutch document Algemene Consumenten voorwaarden Louët BV. In case of unclarities the original Dutch text is binding.