Terms and Conditions
Terms and Conditions
DEFINITIONS AND APPLICABILITY
1. In these general sales conditions the following terms have the following meanings:
a. "LLG": Laura Lisa Gifts BV, the operating company, which concludes an Agreement with the Buyer, or which intends to do so;
b. “Buyer”: any natural or legal person who has entered into an Agreement with LLG or who wishes to enter into an Agreement with LLG;
c. "Agreement": an agreement for the sale and supply of Products and the provision of services by LLG to the Buyer.
d. "Products": Laura Lisa Gifts products that LLG offers, sells or delivers to the Buyer or that has offered, sold or delivered.
e. "Sales conditions": these general sales conditions
f. “Consumer Purchase”: An Agreement within the meaning of these Terms of Sale concluded between LLG and a natural person, not acting in a professional or business capacity.
2. These Sales Conditions apply to Laura Lisa Gifts offers, orders and Agreements of LLG, to the exclusion of any other general terms and conditions.
3. By accepting an offer or placing an order, the Buyer accepts the applicability of these Terms and Conditions of Sale.
2. PRECENT OPERATION EXCLUSION
1. If LLG allows, whether or not tacitly, deviations from these Terms and Conditions of Sale for a short or longer period, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions of Sale. The Buyer can never assert any right on the grounds that LLG does not apply these conditions in any other way or smoothly. Deviation from these Conditions can only be agreed in writing.
3. FORMATION OF AGREEMENTS
1. No offer is binding with regard to content, execution, delivery times, availability and the like, unless explicitly stated otherwise in writing by LLG.
2. LLG is entitled to refuse orders or to attach certain conditions to the delivery. If an order is not accepted, LLG will notify this within thirty (30) working days after receipt of the order.
4. PRICES / SHIPPING COSTS
1. The prices for the products and services offered are in euros, including VAT and excluding handling and shipping costs, taxes or other levies, unless stated otherwise or agreed in writing.
1. Payment must be made in advance before delivery of the Products.
If expressly agreed in writing, payment can also be made afterwards, within 30 days after the invoice date.
2. The buyer cannot invoke any deduction, discount or suspension.
3. The buyer is not entitled to setoff.
4. If payment is not made within the agreed payment term, the Buyer will owe default interest of 1,5% per month on the outstanding amount due from the date on which payment should have been made.
5. If payment is made by telephone or written reminder, including but not limited to reminder by e-mail, LLG owes the Buyer an administration fee of twenty-five euros (€ 25,00).
6. If the Buyer has not made the payment within the period of notice set and LLG has received it, the Buyer must pay all costs, in addition to the administrative costs referred to in Article 5.5, including judicial and extrajudicial costs, which are associated with the collection of the claim. The extrajudicial costs are set at at least 15% of LLG's total claim, without prejudice to LLG's authority to replace the extrajudicial costs actually incurred instead.
7. Payments made by the Buyer first serve to settle all interest and / or costs owed and then to settle outstanding accounts, starting with the longest outstanding debts.
1. LLG will execute orders accepted in writing with due speed, but at least within thirty (30) days. If the delivery is either (temporarily) out of stock, or is delayed for other reasons, or if an order cannot or only partially be executed, this will be stated on the websites of LLG.
2. Delivery of the order takes place at the place and time when the order is ready for shipment to the Buyer. Delivery will only take place after advance payment of the amount due, unless it is expressly agreed that payment will be made afterwards.
3. The delivery times stated by LLG are indicative and not fatal. Exceeding any delivery period does not entitle the Buyer to compensation or the right to cancel the order or to dissolve the agreement.
7. FORCE MAJEURE
1. Without prejudice to the other rights to which it is entitled, LLG has the right, in the event of force majeure, to suspend the execution of its obligations under the Agreement, or to dissolve the Agreement without judicial intervention, at the discretion of the Buyer, in writing. and without LLG being obliged to compensate for any damage.
2. Force majeure means any shortcoming that cannot be attributed to LLG, because it is not due to its fault and is not for its account under the law, legal act or the prevailing views in traffic.
8. RESERVATION OF PROPERTY
1. The Products delivered remain the property of LLG until all claims of LLG on the Buyer, including the interest owed and extrajudicial collection costs, have been paid in full and received. The risk transfers at the time of delivery of the order in accordance with the provisions of Article 6.2.
2. In the event of Consumer Purchase, in derogation from the provisions of Article 8.1, the risk will pass at the moment of delivery of the Products.
9. ADVERTISING AND LIABILITY
1. The buyer has the obligation to check on delivery whether the delivered Products comply with the Agreement.
2. If the Buyer discovers that the Order does not comply with the agreement, he must notify LLG within eight (8) days, failing which the Buyer can no longer rely on the Products delivered not complying with the Agreement. reply.
3. If it has been demonstrated by the Buyer that the order does not comply with the Agreement, the Buyer is entitled to repair or replace the delivered Products, at the option of LLG.
4. In the event of a Consumer purchase made via the websites of LLG, the Buyer is entitled to dissolve the Agreement without giving any reason during seven (7) working days after delivery of the Products. To this end, the Buyer must return the order to LLG. Returns are only accepted if the order is in the condition in which it was received by the Buyer and is in the original packaging. The costs for returning the Products are for the account of the Buyer. LLG will only be obliged to return the payment minus the handling and shipping costs and all other demonstrable costs incurred.
5. LLG is never liable for any lost profit, missed use, loss of contracts and / or for any other consequential damage and / or economic and / or indirect loss or damage and / or for multiple damage.
10. INTELLGECTUAL AND INDUSTRIAL PROPERTY RIGHTS
1. Intellectual property rights that rest on the products delivered by LLG are fully and unconditionally respected by the Buyer.
2. LLG does not guarantee that the products delivered to the Buyer do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.
11. APPLICABLE LAW AND CHOICE OF FORUM
1. All rights, obligations, offers, orders and Agreements to which these Terms of Sale apply, as well as these Terms of Sale, are exclusively governed by Dutch law.
2. The United Nations Convention on International Movable Property Contracts (CISG-Vienna, April 11, 1980) does not apply to all rights, obligations, offers, orders and Agreements to which these Terms of Sale apply, as well as these Terms of Sale.
3. All disputes that arise in connection with the order and / or Agreement, or further agreements that result therefrom, including disputes regarding the existence, validity and / or termination thereof, will be brought to the exclusion of other courts. are made at the Court of Arnhem, the Netherlands
1. If any provision or any part of these Terms and Conditions of Sale or an agreement should prove to be void or unenforceable, for whatever reason, then that nullity and impracticability is limited to that provision and has further scope.
All such void or unenforceable parts of the agreement or of the Terms of Sale will be replaced (or deemed to have been replaced) by provisions that are neither void nor unenforceable and that deviate as little as possible from the void and / or unenforceable provisions, taking into account the intentions of the agreement and of the Conditions of Sale and of the relevant provisions.
2. LLG is entitled to change the Terms of Sale. The Buyer will be deemed to have accepted any change if the Buyer has not objected in writing to one or more of the changes within five (5) working days of LLG's notification of the changes on the website.
3. LLG is not liable for misunderstandings, mutilations, delays or not
orders and communications are properly communicated as a result of the use of the Internet or any other means of communication in traffic between the Buyer and LLG, or between LLG and third parties, insofar as relating to the relationship between the Buyer and LLG, LLG is not liable, unless and insofar as there is intent or gross negligence on the part of LLG.
4. These Terms and Conditions of Sale will be sent free of charge by LLG at the request of the Buyer and can also be consulted via the internet at, among others, www.llplannerstickers.nl.