General Terms and Conditions
By placing the order I agree with the general conditions
General terms and Conditions
Please note: No rights can be derived from these general terms and conditions. Please consult an attorney if you have any doubts about their contents.
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - Execution of the agreement
Article 6 - Execution of the agreement
Article 7 - Delivery
Article 7A - Packaging and transport
Article 8 - Requests, complaints
Article 9 - Prices
Article 10 - Payment and collection policy
Article 11 - Guarantee
Article 12 - Suspension and dissolution
Article 13 - Limitation and liability
Article 14 - Transfer of risk
Article 15 - Force majeure
Article 16 - Intellectual property rights
Article 17 - Privacy, data processing and security
Article 18 - Complaints
Article 19 - Applicable law
Article 1 - Definitions
1. in these terms and conditions the following terms are used in the following sense, unless otherwise expressly stated.
2. www.lenola.de is a website of de Gunst Ecom.
3. consumer: natural person who (not) acts within the scope of his professional or commercial activity.
4. BUYER: The consumer who enters into a contract (at a distance) with the seller.
5. company: The natural or legal person acting in the course of a profession or business.
6. offer: any written offer to the Buyer for the delivery of Products by de Gunst Ecom.
7. products: The products offered by de Gunst Ecom are hobby products.
8. contract: the contract of sale (at a distance) covering the sale and delivery of Products purchased by the Buyer from COMPANY NAME.
9. website: The website used by de Gunst Ecom is https://www.lenola.de.
Article 2 - Identity of the entrepreneur
www.lenola.de, part of de Gunst Ecom;
Established on: pastoorsmuldersstraat 50, 4587 AJ Kloosterzande, Nederland
E-mail address: info@lenola.de
CoC number: 73184632
Sales tax identification number: On request
Article 3 - Applicability
1) These general conditions apply to every offer of de Gunst Ecom and every agreement between de Gunst Ecom and a Buyer, as well as to every product offered by de Gunst Ecom. These terms and conditions shall also apply to all contracts with de Gunst Ecom for the performance of which third parties have to be involved.
2. prior to the conclusion of an agreement (at a distance), the buyer will be provided with these general terms and conditions. Should this not be possible on the merits, de Gunst Ecom will inform the Buyer of the manner in which the Buyer can view the general conditions, which will in any case be published on de Gunst Ecom's website(s), so that the Buyer can easily save these general conditions on a durable medium.
3. deviation from these general conditions is in principle not possible. The applicability of (other) general or (purchasing) conditions of the Buyer is expressly rejected. The general terms and conditions of de Gunst Ecom shall apply exclusively to all orders agreed with de Gunst Ecom. In exceptional circumstances, deviations from the general terms and conditions may be made if expressly agreed in writing with de Gunst Ecom.
(4) These general terms and conditions shall also apply to supplementary, amended and subsequent agreements with the Purchaser.
5. should one or more provisions of these general conditions be or be declared null and void in whole or in part, the remaining provisions of these general conditions shall remain in force and the null and void provision(s) shall be replaced by a provision that has the same purpose as the original provision.
6. ambiguities about the content, explanation or situations not covered by these general conditions must be judged and explained in terms of these general conditions.
Article 4 - The offer
1. all offers of de Gunst Ecom are without engagement, unless explicitly stated otherwise in writing. If the offer is limited or valid under certain conditions, this must be explicitly mentioned in the offer. An offer can only be said to be valid if it is made in writing.
2. de Gunst Ecom's offers are subject to confirmation. de Gunst Ecom is only bound by the offer if acceptance thereof is confirmed in writing by the Buyer within 30 days or if de Gunst Ecom sends an invoice on the basis of what has been accepted by the Buyer and stipulated in writing on the spot. de Gunst Ecom is, however, entitled to reject an agreement with a potential Buyer for a reason justified to de Gunst Ecom.
3. the offer contains a complete and accurate description of the offered product. The description must be sufficiently detailed to enable the buyer to properly evaluate the offer. Obvious errors or mistakes in the offer can not bind de Gunst Ecom. The illustrations and specific data in the offer are only indicative and cannot be grounds for compensation or for dissolution of the contract (at a distance). de Gunst Ecom cannot guarantee that the colors in the illustration correspond exactly to the actual colors of the product.
4. the delivery times on the website of de Gunst Ecom are indicative and do not give the buyer the right to dissolution or compensation if exceeded, unless expressly agreed otherwise.
5. a composite offer does not oblige de Gunst Ecom to deliver a part of the goods included in the offer or quotation at a corresponding part of the offer price.
6. in principle no offers are made. If and insofar as an offer is made, this does not automatically apply to repeat orders. Offers are valid only while stocks last and on the principle of "on sale" as stated in the offer.
Article 5 - Implementation of the agreement
1. the contract is concluded at the moment the buyer has accepted an offer from de Gunst Ecom by paying for the product in question.
2. an offer can be made by de Gunst Ecom via the webshop.
3. if the Buyer has accepted the offer by entering into a contract with de Gunst Ecom, de Gunst Ecom will confirm the contract to the Buyer in writing by e-mail.
4. if the acceptance (in subordinate points) differs from the offer contained in the quotation or invoice, de Gunst Ecom shall not be bound by it. The Buyer has to pay the entire offer or invoice, unless the Buyer can prove that he has agreed otherwise.
5. de Gunst Ecom is not bound to an offer, if the Buyer could have reasonably expected or should have understood that the offer contains an obvious mistake or clerical error. The buyer can not derive any rights from this error or oversight.
6. agreements or arrangements may only be made by authorized representatives, employees or agents of de Gunst Ecom, who have a written power of attorney.
7. consumers can exercise the right of withdrawal within 14 days. The right of withdrawal is excluded if the buyer is a company.
Article 6 - Performance of the contract
1. de Gunst Ecom performs the agreement to the best of its ability and in accordance with the requirements of good professional practice.
2. if and to the extent that proper performance of the agreement so requires, de Gunst Ecom shall be entitled to have certain work carried out by third parties at its discretion.
3. the Buyer shall ensure that all information which de Gunst Ecom indicates is necessary or which the Buyer should reasonably know is necessary for the performance of the Agreement is provided to de Gunst Ecom in a timely manner. If the data necessary for the execution of the Agreement has not been provided to de Gunst Ecom in a timely manner, de Gunst Ecom shall have the right to suspend the execution of the Agreement and/or to charge the Buyer for the additional costs incurred as a result of the delay in accordance with the usual rates.
4. de Gunst Ecom shall not be liable for any damage whatsoever which has arisen because de Gunst Ecom has relied on incorrect and/or incomplete information provided by the Buyer, unless such incorrectness or incompleteness was known to de Gunst Ecom.
5. the Buyer shall indemnify de Gunst Ecom against any claims of third parties who suffer damage in connection with the execution of the contract which is attributable to the Buyer.
Article 7 - Delivery
1. delivery is always made from the supplier's warehouse.
2. the shipment of the products is free of charge.
3. if the commencement, progress or delivery of the services is delayed because, for example, the Purchaser has not provided all the information requested or has not provided it in good time, has provided insufficient cooperation, the (advance) payment has not been received by de Gunst Ecom (in good time) or there is a delay due to other circumstances for which de Gunst Ecom is not responsible, de Gunst Ecom shall be entitled to a reasonable extension of the (advance) delivery period. All agreed (production) delivery periods are never deadlines. The Buyer shall give de Gunst Ecom written notice of default and a reasonable period of time to still be able to deliver. The Buyer is not entitled to any compensation because of the delay that has occurred.
4. the buyer is obliged to accept the goods at the time they are made available to him according to the contract, even if they are offered to him earlier or later than agreed.
5. if the Buyer refuses to accept the delivery or fails to provide the information or instructions required for the delivery, de Gunst Ecom is entitled to store the goods at the expense and risk of the Buyer.
6. if the Company needs data of the Buyer for the purpose of the performance of the contract, the delivery period shall start after the Buyer has provided the Company with such data.
7. if the Company has indicated a delivery period, it is not binding. For delivery outside the Netherlands, longer delivery periods apply than those stated on the website. This period is based on the delivery time of the supplier.
8. de Gunst Ecom is entitled to deliver the goods in parts, unless this is deviated from by agreement or no independent value is attached to the partial delivery. de Gunst Ecom is entitled to invoice the goods so delivered separately.
9. the Buyer himself is responsible for the import and payment of VAT and any import duties on the products purchased by him.
Article 7A - Packaging and transport
1. de Gunst Ecom undertakes vis-à-vis the Buyer to properly pack the goods to be delivered (or to have them packed) and to secure them in such a way that they reach their destination in good condition under normal use.
(2) Unless otherwise agreed in writing, all deliveries are exclusive of value added tax (VAT), packaging and packaging material.
3. acceptance of the goods without a note on the consignment note/invoice shall be considered as proof that the packaging was in good condition at the time of delivery.
4. it is assumed that the buyer is in possession of all necessary import and/or payment permits. The absence or revocation of these permits does not release the Buyer from the obligation to accept the goods in the agreed manner. If the goods are not sold by de Gunst Ecom duty paid, a buyer can not rely on it.
the Buyer cannot derive from this any right to cancel the order. If the buyer has to pay import duties, these costs are entirely at the expense and risk of the buyer. The right to cancel the order can also not be derived from a change in any quality regulations and/or complaints about the goods by third parties on the basis of patents, trademarks and other rights.
5. the risk of war is always borne by the buyer.
Article 8 - Inspection, complaints
1. the buyer is obliged to inspect the delivered goods or have them inspected at the time of delivery, but in any case within fourteen days of receipt of the delivered goods, but only to the extent necessary to unpack or use the goods in order to assess whether he wishes to keep the goods. In doing so, the Buyer shall check whether the delivered goods comply with the agreement in terms of quality and quantity and whether the products meet the requirements that are placed on them in normal (commercial) traffic. 2.
2. the Buyer is obliged to check how the product has to be used and in case of personal use to test the product according to the instructions for use. de Gunst Ecom is not liable for incorrect use of the product by the Buyer or for incorrect advice given by the Buyer to the Buyer's customers.
3. de Gunst Ecom must be notified in writing of any visible defects after delivery. For this purpose the buyer has a period of 14 days after delivery. Not visible defects or shortages are to be reported within one month after discovery, but at the latest within six months after delivery. If the goods are damaged due to improper handling by the Buyer, the Buyer shall be liable for any reduction in the value of the goods.
4. if the Buyer wishes to return defective goods, he may only do so with the prior written consent of de Gunst Ecom in the manner specified by de Gunst Ecom. The return of goods is exclusively at the discretion of de Gunst Ecom.
5. if the Buyer exercises its right of withdrawal, the Buyer shall, if de Gunst Ecom deems it necessary, return the product and all accessories, to the extent reasonably possible, in their original condition and packaging to de Gunst Ecom in accordance with de Gunst Ecom's return policy.
6. a refund will only be made if agreed upon in writing with de Gunst Ecom.
7. refunds to the buyer will be processed as soon as possible, but no later than 30 days after receipt of the return request. The refund will be made to the previously indicated account number.
8. if the buyer makes use of his right of complaint, he is not entitled to suspend his payment obligation or to set off against outstanding invoices.
9. in case of incomplete delivery and/or in case of missing one or more products for which de Gunst Ecom is responsible, de Gunst Ecom will send the missing product(s) to the Buyer after a request to the Buyer via the
Supplier or cancel the remaining order (with refund of the excess amount paid). Receipt of the products shall be leading in this regard. Damages incurred by the buyer due to the abnormal size of the delivery can not be compensated by de Gunst Ecom.
10. complaints are not possible if the buyer himself ordered the wrong products or had wrong expectations of the product in question.
Article 9 - Prices
1. during the period of validity of the offer, the prices of the offered products shall not be increased, except in case of changes in VAT rates.
2. the prices stated in the offer are exclusive of value added tax and other government levies, as well as exclusive of shipping and any transport and packaging costs, unless expressly stated otherwise. For consumers, the price is shown without VAT.
3. the prices stated in the offer are based on the cost factors applicable at the time of conclusion of the contract, such as: Import and export duties, freight and unloading costs, insurance and any duties and taxes. Any differences, favorable or unfavorable, at the time of arrival, departure or delivery shall be for the benefit or at the expense of the Buyer.
4. in the case of products for which there are price fluctuations on the financial market and over which de Gunst Ecom has no control, de Gunst Ecom may offer these products at variable prices. In the offer it must be pointed out that the prices are indicative and may fluctuate.
5. three months after the conclusion of the contract, price increases can be made at the discretion of de Gunst Ecom. If price increases take place within these three months, they may only be based on a legal regulation.
Article 10 - Payment and collection policy
1. payment must be made in advance by bank transfer. Objections to the amount of invoices must be made within 7 days of the invoice date, but do not suspend the payment obligation.
2. the buyer cannot derive any rights or expectations from an estimate made in advance, unless the parties have expressly agreed otherwise.
3. the buyer must pay these costs immediately with the means of payment specified in the web store. Except for special circumstances, the Buyer may only agree on a further period in which the amount to be paid is to be paid after explicit and written consent of de Gunst Ecom.
4. de Gunst Ecom shall be entitled to credit the payments made by the Buyer first against the costs, then against the outstanding interest and finally against the principal claim and the current interest. Without thereby being in default, de Gunst Ecom may reject an offer for payment if the Buyer specifies a different order for allocation. de Gunst Ecom may refuse to pay the principal sum in full
if this does not include the due and current interest as well as the costs. 5.
5. if the buyer does not fulfill his obligation to pay and does not do so within the payment term of 14 days set for him, the buyer will first receive a written reminder before he is in default, and then a demand for payment informing him of the consequences of the default that has occurred.
6. from the date on which the Buyer is in default, de Gunst Ecom shall be entitled, without any further notice of default being required, to the statutory interest from the first day of default until full payment and to compensation for extrajudicial costs pursuant to Article 6:96 of the Dutch Civil Code, to be calculated in accordance with the sliding scale from the Decree on the compensation of extrajudicial collection costs of 1 July 2012.
7. if de Gunst Ecom has incurred more or higher costs that are reasonably necessary, these costs are compensable. The court and enforcement costs incurred shall also be borne by the Buyer.
Article 11 - Warranty
1. de Gunst Ecom does not guarantee that the products comply with the specifications stated in the offer, the usability and/or suitability and the legal requirements/regulations at the time of the conclusion of the agreement. de Gunst Ecom does not guarantee the existence of defects in the delivered item, but de Gunst Ecom will make every effort to deliver the delivered item in accordance with the agreement. The actual shelf life of products cannot be guaranteed.
2. de Gunst Ecom is never responsible for the suitability of the products for each individual application by the Buyer or for (advice on) the use or application of the products.
3) All products offered by de Gunst Ecom must bear a CE marking and the name and address of the manufacturer.
4. if the goods to be delivered do not comply with these guarantees, the Company shall, within a reasonable period of time after receipt of the goods or, if a return is not possible for reasons, after written notification of the defect by the Purchaser, at the Company's option, provide a replacement or repair the goods. In case of replacement, the Purchaser undertakes to return the replaced goods to the Company and to transfer the ownership to the Company if requested by the Company to return the goods.
5. the guarantee mentioned for this purpose shall not apply if the defect has been caused by improper or inappropriate use, or if the Buyer or third parties have made or attempted to make changes to the goods without the written consent of de Gunst Ecom, or have used them for purposes for which the goods are not intended, or under abnormal circumstances.
6. if the warranty provided by de Gunst Ecom relates to goods manufactured by a third party, the warranty shall be limited to the warranty provided by the manufacturer of the goods.
7. de Gunst Ecom points out that certain products, including external care products, have a limited best-before date, which is always indicated on the product in question. The buyer must take into account this storage period, within which the quality and safety of the product can be guaranteed in accordance with the manufacturer's warranty.
8. in case of questions regarding the use of care products and the effect of certain ingredients and their suitability for the Buyer, the Buyer may contact de Gunst Ecom with questions in a general sense or ask his own (family) doctor for specific advice.
Article 12 - Suspension and dissolution
1. de Gunst Ecom is entitled to suspend the performance of its obligations or to dissolve the agreement if the Buyer does not or not fully perform its (payment) obligations under the agreement.
2. de Gunst Ecom shall also be entitled to dissolve the contract(s) existing between it and the Purchaser, insofar as it/they has/have not yet been fulfilled, without the need for a court agreement, if the Purchaser fails to fulfill, in a timely manner or in a proper manner, the obligations arising for it from a contract concluded with de Gunst Ecom.
3. de Gunst Ecom is furthermore entitled to dissolve the agreement or have it dissolved without prior notice of default, if circumstances arise that make it impossible to perform the agreement or cannot be required to perform the agreement according to criteria of reasonableness and fairness, or if other circumstances arise that make it unreasonable to maintain the agreement unchanged.
4. if the contract is dissolved, the claims of de Gunst Ecom against the Buyer shall become due immediately. If de Gunst Ecom ceases to fulfill its obligations, it retains its legal and contractual claims.
5. de Gunst Ecom always reserves the right to claim damages.
Article 13 - Limitation of liability
1. if the performance of an agreement by de Gunst Ecom gives rise to liability on the part of de Gunst Ecom towards the Buyer or third parties, this liability shall be limited to the costs invoiced by de Gunst Ecom in connection with the agreement. The liability is in any case limited to the maximum amount of damages paid by the insurance per case.
2. de Gunst Ecom's liability shall otherwise be limited to the repair free of charge of a defective item or the replacement of that item - or part thereof - all this at de Gunst Ecom's discretion.
3. de Gunst Ecom is not liable for consequential damages, indirect damages, loss of trade, loss of profit and/or loss suffered, loss of savings, damages due to business interruption and damages due to the use of the products delivered by de Gunst Ecom. For consumers, the statute of limitations is limited to what is allowed under Article 7:24 paragraph 2 of the Dutch Civil Code.
4. de Gunst Ecom is not liable for any damage caused or likely to be caused by any act or omission based on (incomplete and/or incorrect) information on the website(s) or linked websites.
5. de Gunst Ecom is not responsible for any errors and/or irregularities in the functionality of the Website and is not liable for any failure or unavailability of the Website, for any reason whatsoever.
6. de Gunst Ecom does not guarantee the correct and complete transmission of the content and the timely receipt of e-mails sent by/on behalf of de Gunst Ecom.
7. all claims of the Buyer for defects on the part of de Gunst Ecom shall lapse if they have not been notified to de Gunst Ecom, in writing and with reasons, within one year after the Buyer had or could reasonably have had knowledge of the facts on which he based his claims.
8. de Gunst Ecom expressly disclaims all liability and claims from Buyers and third parties who have suffered (physical) damage as a result of the use of the Products. The products may only be used in accordance with the instructions for use and the daily amount may not be exceeded. In case of medication, the Buyer must always consult his doctor.
9. any advice given by de Gunst Ecom on the use of the products is of a general and non-binding nature only. Each buyer must judge on his own responsibility whether the product is suitable for him. In case of doubt, the buyer must contact his (family) doctor to have the use assessed in the specific case.
10. the external care products as well as the electrical devices must be kept out of the reach of small children. In addition, the products must be stored in accordance with the instructions for use specified for each product. de Gunst Ecom recommends consulting a professional before using the external care products in case of pregnancy, lactation, taking medication and in case of doubt about hypersensitivity to any of the ingredients.
Article 14 - Transfer of risk
The risk of loss of or damage to the products that are the subject of the agreement shall pass to the Buyer at the moment the goods leave de Gunst Ecom's warehouse. The risk shall also pass to the Buyer if the goods come into the possession of the Buyer and/or third parties.
Article 15 - Force majeure
1. de Gunst Ecom shall not be liable if, as a result of force majeure, it is unable to comply with its obligations under the agreement, nor can it be obliged to comply with an obligation if it is prevented from doing so by a circumstance
which is not due to its fault and which is not for its account by virtue of a law, a legal act or a generally accepted practice.
2. force majeure shall in any case be understood to mean what is understood in the law and case law in this respect, (i) force majeure of suppliers of de Gunst Ecom, (ii) non-performance of obligations of suppliers, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of internet, data network and telecommunication facilities (e.g. e.g., as a result of cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general traffic problems, (x) strikes in de Gunst Ecom's business, and (xi) other situations that, in de Gunst Ecom's opinion, are beyond its control and temporarily or permanently hinder the performance of its obligations.
3. de Gunst Ecom has the right to invoke force majeure if the circumstance preventing (further) performance occurs after de Gunst Ecom should have performed its obligation.
4. the parties may suspend the obligations arising from the agreement during the period in which the force majeure lasts. If this period lasts longer than two months, each of the parties shall be entitled to dissolve the agreement without any obligation to pay damages to the other party.
In so far as de Gunst Ecom has already partially fulfilled or is able to fulfill its obligations under the agreement at the time of the occurrence of the force majeure and a separate value can be attributed to the part already fulfilled or to be fulfilled, de Gunst Ecom shall be entitled to invoice the part already fulfilled or to be fulfilled. The Buyer is obliged to pay this invoice as if it were a separate agreement.
Article 16 - Intellectual property rights
1. all IP rights and copyrights of de Gunst Ecom are the exclusive property of de Gunst Ecom and are not transferred to the Buyer and/or the User.
2. the Buyer is prohibited from disclosing and/or reproducing, modifying or making available to third parties any documents on which de Gunst Ecom's IP rights and copyrights rest without the express prior written consent of de Gunst Ecom. If the Buyer wishes to make changes to the goods delivered by de Gunst Ecom, de Gunst Ecom shall expressly agree to the intended changes. 3.
(3) The Buyer shall not be permitted to use the products on which de Gunst Ecom's intellectual property rights rest in any way other than as agreed in the contract.
4. if the Buyer discovers an infringement of de Gunst Ecom's intellectual property rights or otherwise suspects a (possible) infringement of IP rights and copyrights, the Buyer shall inform de Gunst Ecom thereof as soon as possible.
Article 17 - Privacy, data processing and security
1. de Gunst Ecom will handle the (personal) data of the Buyer and the users of the Website(s) with care and will only use them in accordance with the Privacy Policy. Upon request, de Gunst Ecom will inform the data subject about this. Questions regarding the processing of personal data and further information can be sent by e-mail to info@lenola.de.
2. if de Gunst Ecom is required by the contract to ensure the security of information, this security shall comply with the agreed specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the data and the costs involved.
Article 18 - Complaints
(1) If the Buyer is not satisfied with the performance or the products of de Gunst Ecom, or if he has any other complaints about the purchase agreement, the Buyer is obliged to notify de Gunst Ecom of these complaints as soon as possible, but at the latest within 2 weeks after the occurrence of the respective cause of complaint. Complaints can be reported via info@lenola.de with the subject "Complaint".
2. the complaint must be sufficiently substantiated and/or explained by the buyer, so that de Gunst Ecom can process the complaint.
3. de Gunst Ecom will respond to the complaint as soon as possible, but at the latest within 5 working days after receipt of the complaint.
4. the parties will try to find a solution together.
Article 19 - Applicable law
(1) Dutch law shall apply to any agreement between de Gunst Ecom and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. in the event of any interpretation of the content and meaning of these general conditions, the Dutch text shall always prevail. de Gunst Ecom shall be entitled to unilaterally amend these general conditions.
3. all disputes arising out of or in connection with the agreement between de Gunst Ecom and the Buyer shall be subject to the jurisdiction of the competent court in Amsterdam, unless mandatory statutory provisions provide that another court shall have jurisdiction.