1. Definitions
1.1 LOAVIES: LOAVIES B.V., established in (8024AA) Zwolle, at the address Ceintuurbaan 16, CoC: 68888961, VAT registration number: NL 857634719 B01, (support@loavies.com)
1.2 Consumer-Customer: The natural person, not acting in the exercise of a profession or business, and its representatives, agents, successors and/or heirs to whom goods are supplied or sold by LOAVIES.
1.3 Customer: The natural person and or legal entity, acting in the exercise of a profession or business, and its representatives, agents, successors and/or heirs to whom goods are supplied or sold and/or services provided by LOAVIES.
1.4 Agreement: The Agreement entered into between LOAVIES and the Consumer-Customer and/or the Customer on the sales or the supply of goods and/or the provision of services to which these General Terms and Conditions apply.
PART I
Unless stated otherwise, the provisions of PART I of these General Terms and Conditions shall apply to both Agreements with Customers as well as Agreements with Consumer-Customers.
2. General
2.1 These General Terms and Conditions shall apply to all quotations, estimates, legal relationships and Agreements of and/or with LOAVIES.
2.2 By placing an order, the Consumer-Customer and/or Customer agree to the General Terms and Conditions.
2.3 All quotations and estimates issued by LOAVIES are obligation-free, unless LOAVIES explicitly agreed otherwise in writing.
2.4 All images, specifications and/or data in LOAVIES' quotations and estimates are indicative and cannot give rise to compensation or dissolution of the Agreement.
2.5 Quotations and estimates by LOAVIES also do not automatically apply to repeat orders.
2.6 LOAVIES reserves the right to fix obvious mistakes and/or typing errors in quotations and estimates. No liability is accepted for the consequences of such errors. LOAVIES cannot be held to its quotation and/or estimate if the Consumer-Customer and/or Customer ought to have understood that the quotation and/or estimate, or any part thereof, contained an obvious mistake or typing error.
2.7 Deviations and additions to these General Terms and Conditions are valid only if expressly agreed in writing.
2.8 Any additional (oral) agreements and/or commitments made consecutively by or on behalf of LOAVIES are binding only if expressly confirmed by LOAVIES in writing.
2.9 The use of the Consumer-Customer and/or the Customer's own Terms and Conditions is hereby expressly rejected.
2.10 If any provision of these General Terms and Conditions should become invalid or destroyed, the other provisions of these General Terms and Conditions will remain applicable, unaltered and in full.
2.11 If the Consumer-Customer and/or the Customer should consist of more than one person or legal entity, each of these persons or legal entities shall be jointly and severally liable to LOAVIES for the obligations arising from the Agreement.
2.12 LOAVIES has the right to change and/or supplement these General Terms and Conditions.
2.13 The Consumer-Customer and/or the Customer is/are not entitled to transfer any right or obligation under the Agreement to third parties without LOAVIES' written permission.
3. Establishment of the Agreement
3.1 Subject to the provisions of articles 3.3 and 3.4 of these General Terms and Conditions, the Agreement shall come into force following LOAVIES' written confirmation of acceptance of the offer by the Consumer-Customer and/or Customer.
3.2 If the Consumer-Customer and/or the Customer have accepted LOAVIES' offer by electronic means, LOAVIES will confirm the acceptance of the offer by the Consumer-Customer and/or the Customer electronically.
3.3 LOAVIES reserves the right to refuse the conclusion of the Agreement within a period of 5 working days after receipt of the acceptance by the Consumer-Customer and/or Customer without giving any reason, or to only accept under the condition that the shipment occurs after payment or COD.
3.4 LOAVIES is entitled to carry out a check in case of an order in which payment will be made afterwards or by Credit card. Based on this check, LOAVIES can offer an alternate payment method or refuse the conclusion of the Agreement. For larger amounts, LOAVIES can subject this to the condition that the order will be sent COD. In that case, LOAVIES will pay the COD charges.
3.5 If LOAVIES rejects the conclusion of the Agreement on the basis of articles 3.3 and/or 3.4 of these General Terms and Conditions, the Consumer-Customer and/or Customer will not be entitled to compensation.
3.6 Should LOAVIES make use of its rights under articles 3.3 and 3.4 of these General Terms and Conditions while the order has already been paid for, LOAVIES will try to refund the payment through the payment method used by the Consumer-Customer and/or Customer. If this is not possible, LOAVIES will contact the Consumer-Customer and/or Customer in order to refund the payment using another method.
3.7 LOAVIES is entitled to carry out the Agreement in stages.
3.8 Each Agreement is entered into under the suspensive condition of sufficient availability of the relevant goods.
4. Prices
4.1 All prices are quoted in Euros and include VAT.
4.2 All prices quoted on loavies.com/global are in USD/GBP and exclude VAT.
4.3 All quoted prices exclude packaging, shipping and delivery charges unless otherwise agreed in writing.
4.4 Prices are not increased within the duration of the offer unless legal measures necessitate this or the manufacturer or supplier implements interim price increases.
5. Payment
5.1 LOAVIES is entitled to invoice immediately after the Agreement with the Consumer and / or Customer has been concluded.
5.2 Payment of (online) invoices shall take place within 14 days after the invoice date in a manner indicated by LOAVIES and under the payment conditions specified by LOAVIES. If Klarna is chosen, the payment terms of Klarna shall apply.
5.3 If the Consumer and/or the Customer does not pay (on time) LOAVIES has the right to dissolve the Agreement. In that case, the Consumer and / or Customer can not claim compensation.
5.4 The Customer is not entitled to set off or to suspend a payment.
6. Supply
6.1 LOAVIES will deliver the purchased goods or services after the full invoice amount as well as the additional delivery costs incurred are paid to LOAVIES by the Consumer-Customer and/or Customer, unless otherwise agreed.
6.2 The place of delivery is the address indicated to LOAVIES by the Consumer-Customer and/or Customer.
6.3 The delivery periods as mentioned in the listings or on the LOAVIES website are indicative. No rights may, therefore, be derived from the stipulated periods. LOAVIES will expedite accepted Agreements with a Consumer-Customer as soon as possible, but no later than 30 days, unless a different delivery period has been agreed to. If the delivery is delayed, or if an order is not or only partially carried out, the Consumer-Customer will be informed at the latest 30 days after the order was placed. In this case, the Consumer-Customer has the right to terminate the Agreement without penalty.
6.4 The risk of damage and/or loss of goods shall be borne by LOAVIES up to the moment of delivery to the Consumer-Customer or a pre-designated representative made known to LOAVIES, unless expressly agreed otherwise.
6.5 If the Agreement is concluded with a Customer, the delivery will be ex-warehouse. From the time of delivery, the risk of damage and/or loss is that of the Customer.
7. Warranty and Complaints
7.1 The Consumer-Customer and/or Customer shall inspect the goods delivered at the time of delivery. If it appears that the delivered goods are incorrect, defective or incomplete, the Consumer-Customer and/or Customer must immediately report these defects to LOAVIES in writing (prior to proceeding with the return to LOAVIES). Any defects or incorrectly delivered goods should and can be reported to LOAVIES in writing, up to a maximum of 7 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and still be in a new condition. Use after the discovery of the defect, damage arising after the discovery of the defect, use and/or resale after establishing defects shall cancel the right to complain and return the goods completely.
7.2 If the Agreement is concluded with a Customer, any visible defects must be reported to LOAVIES in writing, within 2 working days after delivery, under penalty of the loss of rights.
7.3 The LOAVIES guarantee scheme and terms correspond to the factory guarantee period of the delivered goods. However, LOAVIES shall never be responsible for the ultimate suitability of the supplied goods for any individual application by the Consumer-Customer and/or Customer, nor for any advice as to its use or application of the goods.
7.4 If complaints by the Consumer-Customer and/or Customer should be found valid by LOAVIES, LOAVIES will, at its discretion, replace the delivered goods free of charge or conclude a written arrangement on compensation with the Consumer-Customer and/or Customer, under the premise that the compensation amount shall always be limited to at most the invoice amount of the relevant goods. However, LOAVIES shall at all times only be liable within the limits of article 11 of these General Terms and Conditions.
7.5 The guarantee in article 7.4 is void if:
a) The Consumer-Customer and/or Customer has repaired and/or modified the delivered goods himself, or had it repaired and/or modified by third parties;
b) The delivered goods were exposed to unusual circumstances or otherwise treated carelessly or handled contrary to the instructions given by LOAVIES and/or on the packaging or labels;
c) The inferiority as a whole or in part is the result of directives that the Government has imposed or will impose regarding the nature or the quality of the materials used.
8. Returns
8.1 The return of delivered goods takes place at the expense and risk of the Consumer-Customer and/or Customer, and is only permitted after LOAVIES' written consent under the conditions to be set by LOAVIES.
8.2 Goods processed as a whole or in part, damaged and packaged goods whose packaging is missing, can never be returned.
9. Retention of ownership
9.1 All goods delivered to the Consumer-Customer and/or the Customer remain LOAVIES' property until all amounts due by the Consumer-Customer and/or Customer for the goods delivered under the Agreement, as well as all amounts still due under the payment obligations, are paid to LOAVIES in full.
9.2 As long as ownership of the delivered goods has not yet passed to the Consumer-Customer and/or Customer, it may not pledge the goods, transfer ownership or grant third parties any other rights to it.
9.3 The Customer is allowed to sell and supply goods delivered under retention of title to third parties during the course of his normal business dealings. The Customer is obliged the keep the goods delivered subject to retention of title, separate and handle it with due care, recognizable as the property of LOAVIES.
9.4 If the Customer fails to comply with the stipulations of article 9.3 of these General Terms and Conditions, it is assumed that the goods of a similar kind as those provided by LOAVIES are owned by LOAVIES.
9.5 The Consumer-Customer and/or the Customer is obliged to insure the delivered goods against fire and explosion, water damage, as well as against theft, for the duration of the retention of title, and the insurance policy may be requested and inspected at LOAVIES' first request.
10. Force Majeure
10.1 In case of force majeure, LOAVIES shall be entitled to suspend all or part of the compliance with its commitments under the Agreement and the Consumer-Customer and/or Customer shall not be able to claim compliance or compensation.
10.2 Force majeure is understood to mean any foreign cause, as well as any circumstances that cannot reasonably be seen as part of its risk. Delays or non-performance of our suppliers, malfunctions of the Internet, malfunctions in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology supplied by external parties, transport problems, strikes, government measures, delays in supplies, neglect by LOAVIES' suppliers and/or manufacturers as well as its assistants, illness amongst the personnel, defects in equipment or means of transport, all specifically apply as force majeure.
10.3 In case of force majeure, LOAVIES reserves the right to suspend its obligations and is also entitled to terminate the Agreement as a whole or in part or to insist that the content of the Agreement be changed in such a way that execution remains possible. In no event shall LOAVIES be held liable to pay any fine or compensation.
10.4 If LOAVIES has already met part of its obligations at the time of the commencement of force majeure, or is only partially able to meet its obligations, LOAVIES shall be entitled to invoice the already delivered or the deliverable part separately, and the Customer shall be obliged to pay this invoice as if it were a separate Agreement. However, this shall not apply if the part already delivered or the deliverable part has no independent value.
11. Liability
11.1 LOAVIES' liability – as well as that of its representatives/agents, employees and third parties engaged by LOAVIES – shall always be limited to the amount to be paid out in that case under LOAVIES' applicable liability insurance, plus the amount of the excess payable by LOAVIES according to the applicable policy terms and conditions. If for whatever reason, no benefits will be paid under the insurance policy referred to above, any liability of LOAVIES shall always be limited to the amount the Consumer-Customer and/or Customer has paid to LOAVIES under the Agreement, or the part thereof, based on which the liability has been incurred, up to a maximum of EUR 1,000.
11.2 LOAVIES shall in no event be liable for indirect damage, including but not limited to consequential damages (to individuals or business), business interruption, loss of profits or revenues, lost savings and/or damage due to business stagnation.
12. Limitations/time constraints
12.1 If the Agreement is concluded with a Customer, the statute of limitations on all claims and disputes of the Customer towards LOAVIES, by way of derogation from the statutory limitation periods, shall be 3 months from the emergence of such claims and disputes. If the agreement is concluded with a Consumer-Customer, the aforementioned limitation period shall be 13 months.
13. Administration of details
13.1 If a Consumer-Customer and/or Customer place an order with LOAVIES, his/her (personal) data is included in the LOAVIES customer file. LOAVIES complies with the Personal Data Protection Act (Wbp) and does not provide any personal data to third parties. See our privacy policy (https://www.loavies.com/en/content/cookie-policy/).
13.2 LOAVIES respects the privacy of its website users and is responsible for the confidential treatment of personal details.
13.3 LOAVIES uses a mailing list in some cases. Every mailing contains instructions on how to remove yourself from the list.
14. Applicable law and disputes
14.1 Dutch law is applicable to all agreements to which these General Terms and Conditions apply, as a whole or in part. The applicability of the United Nations Convention on international contracts for the sale of goods of 1980 (Vienna Sales Convention/CISG) is expressly excluded.
14.2 All disputes in connection with or arising based on this Agreement will be submitted to the competent court in Amsterdam unless LOAVIES would prefer to submit the dispute to the competent court of the Consumer-Customer's and/or the Customer's place of residence.
PART II
The provisions of PART II of these General Terms and Conditions shall only apply to Agreements with Consumer-Customers and apply in addition to the provisions of PART I of these General Terms and Conditions. In the event of any incompatibility of any provision of PART II with any provision of Part I, the relevant provision in PART II shall prevail.
15. Right of withdrawal
15.1 In the event that a Consumer-Customer has ordered goods or services from LOAVIES via the Internet, telephone or by mail, the following shall apply.
For the supply of products
15.2 When purchasing products, the Consumer-Customer has the right to terminate the Agreement without giving any reason, within 14 days. This period commences on the day following receipt of the goods by the Consumer-Customer or a representative appointed by the Consumer-Customer and notified to LOAVIES in advance.
15.3 During this time, the Consumer-Customer shall handle the goods and packaging with care. He shall only unpack or use the product in such a manner as necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories and - if reasonably possible - in its original condition and packaging, to LOAVIES in accordance with the reasonable and clear instructions provided by LOAVIES.
15.4 If the Consumer-Customer wishes to exercise his right of withdrawal, he shall make this known to LOAVIES within14 days after receipt of the product. The Consumer-Customer shall inform LOAVIES using the return form (Annex 1). The Consumer-Customer must return the product within 14 days after he has expressed his intention to make use of his right of withdrawal. The Consumer-Customer shall have to prove that the supplied goods were sent back on time, for example by means of proof of postage.
15.5 If, after the expiry of the withdrawal period of 14 days, the Consumer-Customer failed to express his intention to make use of his right of withdrawal or fails to return the product to LOAVIES, the sale will become fact.
15.6 The Consumer-Customer is liable for any diminished value of the goods if the treatment thereof goes beyond what is necessary to determine the nature, characteristics and operation.
For the supply of services
15.7 For the supply of Services, the Consumer-Customer has the right to terminate the Agreement without giving reasons for at least fourteen days, starting on the day of entering into the Agreement. This will no longer be free of charge in the last 96 hours prior to delivery.
15.8 To make use of his right of withdrawal, the Consumer-Customer shall act according to the reasonable and clear instructions issued in this regard by LOAVIES at the time of the offer and/or at the latest upon delivery.
Costs in case of withdrawal
15.9 If the Consumer-Customer makes use of his right of withdrawal, at most the full cost of return will be at his expense, both in case of sales and with services.
15.10 If the Consumer-Customer has paid an amount, LOAVIES will refund this amount as soon as possible but no later than 14 days after the cancellation, on condition that the goods must have already been received by LOAVIES.
15.11 LOAVIES excludes the Consumer-Customer's right of withdrawal for goods and services as described in paragraph 1 and 2.
15.10.1: Products:
a) which have been created by LOAVIES based on the Consumer-Customer's specifications;
b) that are clearly personal in nature;
c) which cannot be returned due to their nature;
d) which can spoil or age quickly;
e) whose price fluctuates without LOAVIES having control over it;
f) for audio and video recordings and computer software for which the Consumer-Customer has broken the seal.
g) for hygienic products of which the Consumer-Customer has broken the seal.
15.10.2: Services:
a) such as the rental of holiday accommodation, goods transport, car rental, services for leisure, to be carried out on a given date or during a specified period;
b) of which the supply has commenced with the explicit consent of the Consumer-Customer, before the cooling-off period of 14 days has expired;
c) on betting and lotteries.
Consumer-Customer cancellation form template
Cancellation form template
Only fill in and return this form if you want to cancel the Agreement.
To:
LOAVIES B.V.
Ceintuurbaan 16
8024AA ZWOLLE
I/We (*) hereby inform you that I/we (*) wish to cancel our agreement on the sale of the following goods/supply (*) of the following service:
Ordered on (*)/Received on (*)
Name/Names Consumer-Customer
Address Consumer-Customer
Consumer-Customer signature
Date
(*) Please cross out that which does not apply.