Terms and conditions

The general terms and conditions apply to all agreements you conclude with Loffs.  By ordering items from Loffs, you also indicate that you agree with the general terms and conditions. Our general terms and conditions have been drawn up in accordance with the general rules for (purchase) agreements from book 6 and book 7 of the Dutch Civil Code.

 

Table of contents:

Article   1 – Definitions
Article   2 – Identity of the entrepreneur
Article   3 – Applicability
Article   4 – The offer
Article   5 – The agreement
Article   6 – Right of withdrawal
Article   7 – The price
Article   8 – Compliance and additional guarantee
Article   9 – Delivery and execution
Article   10 – Duration transactions: duration, termination and renewal
Article   11 – Payment
Article   12 – Complaints procedure
Article   13 – Disputes
Article   14 – Additional or different provisions

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. 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 on the basis of an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within the consumer can exercise his right of withdrawal;
  3. The consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calenderday;
  5. Digital content: data produced and supplied in digital form;
  6. Duration of the agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period of time;
  7. Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility of the consumer to renounce the distance contract within the cooling-off period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusive or co-use is made of one or more techniques for distance communication;
  11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
  12. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

 

Article 2 – Identity of the entrepreneur

Puntgaaf (Loffs)
Sonseweg 5
5737 RG Lieshout
E-mail: info@loffs.nl
KvK-nummer: 59344083
VAT-identification number: NL001701796B15

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge at the request of the consumer as soon as possible.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

 

Article 4 – The offer

  1. Indien een aanbod een beperkte geldigheidsduur heeft of onder voorwaarden geschiedt, wordt dit nadrukkelijk in het aanbod vermeld.
  2. Het aanbod bevat een volledige en nauwkeurige omschrijving van de aangeboden producten, digitale inhoud en/of diensten. De beschrijving is voldoende gedetailleerd om een goede beoordeling van het aanbod door de consument mogelijk te maken. Als de ondernemer gebruik maakt van afbeeldingen, zijn deze een waarheidsgetrouwe weergave van de aangeboden producten, diensten en/of digitale inhoud. Kennelijke vergissingen of kennelijke fouten in het aanbod binden de ondernemer niet.
  3. Elk aanbod bevat zodanige informatie, dat voor de consument duidelijk is wat de rechten en verplichtingen zijn, die aan de aanvaarding van het aanbod zijn verbonden.

 

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. The entrepreneur can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
  4. At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier.
  5. The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  6. The information about warranties and existing after-sales service;
  7. The price including any taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
  8. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  9. If the consumer has a right of withdrawal, the model withdrawal form.
    1. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

  1. The consumer cannot make use of the right of withdrawal because the products are tailor-made and we want to guarantee hygiene.

 

Article 7 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This commitment to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  5. Which are the result of statutory regulations or provisions; or
  6. The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  7. The prices stated in the offer of products or services include VAT.

 

Article 8 – Compliance with the agreement and extra guarantee 

  1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness 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.
  2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to comply with his part of the agreement.
  3. An additional guarantee is understood to mean any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to comply with his part of the agreement.

 

Article 9 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
  5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 10 – Duration transactions: duration, termination and extension

Termination:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
  3. The consumer may, in the agreements referred to in the previous paragraphs:
  • Cancel at any time and not be limited to termination at a certain time or in a certain period;
  • At least cancel in the same way as they have been entered into by him;
  • Always cancel with the same notice period as the entrepreneur has stipulated for himself.

 

  • Extension:
    1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain period of time.
    2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
    3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
    4. An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

    Duration:

    1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

     

    Article 11 – Payment

    1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
    2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service (s) before the stipulated advance payment has taken place.
    3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
    4. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, he owes the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. bring. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2.500,= and 5% on the next € 5.000,= with a minimum of € 40,=. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.

     

    Article 12 – Complaints procedure

    1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
    2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
    3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
    4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement.

     

Article 13 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate, are exclusively governed by Dutch law.

 

Article 14 – Additional or different provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

Annex I: Model withdrawal form

This has expired, you can send an email to klantenservice@loffs.nl

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