General terms and conditions

General Terms and Conditions – Het LeerLokaaL / the shop

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 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, cancellation, and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Supplementary or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise the right of withdrawal.
  • Consumer: The natural person who is not acting in the course of business or profession and who enters into a distance agreement with the entrepreneur.
  • Day: Calendar day.
  • Duration transaction: A distance agreement concerning a series of products and/or services, the delivery and/or acceptance of which is spread over time.
  • Durable data carrier: Any means that allows the consumer or entrepreneur to store information personally addressed to them in a way that future consultation and unchanged reproduction of the stored information is possible.
  • Right of withdrawal: The possibility for the consumer to cancel the distance agreement within the cooling-off period.
  • Entrepreneur: The natural or legal person offering products and/or services remotely to consumers.
  • Distance agreement: An agreement where, within the framework of an organized system for distance selling of products and/or services, the agreement is concluded exclusively through one or more means of remote communication.
  • Means of remote communication: A method that can be used for concluding an agreement without the consumer and entrepreneur being in the same space at the same time.

Article 2 – Identity of the Entrepreneur

Het LeerLokaaL BV (operating under the name Het LeerLokaaL/the shop)
Emmastraat 73, 6828 HD, Arnhem
Phone number: 0031 26 4424579
Email address: info@hetleerlokaal.nl

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every concluded distance agreement between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the agreement is concluded that the general terms and conditions can be consulted at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous section, be made available electronically to the consumer before the agreement is concluded in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be electronically accessed and that they will be sent to the consumer electronically or otherwise free of charge upon request.
In the event that alongside these general terms and conditions, specific product or service conditions are applicable, the second and third sections will apply accordingly, and the consumer may always rely on the provision that is most favorable to them in case of conflicting general terms and conditions.

Article 4 – The Offer

The offer contains a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to allow the consumer to make a well-founded judgment of the offer. If the entrepreneur uses images, they must be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains sufficient information so that the consumer knows what rights and obligations are attached to the acceptance of the offer. This includes, in particular:

  • The price including taxes;
  • Any delivery costs;
  • How the agreement will be concluded and the actions required for this;
  • Whether or not the right of withdrawal applies;
  • The payment, delivery, and execution methods of the agreement;
  • The deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • The communication costs for remote communication, if calculated on a different basis than the regular base rate of the communication method used;
  • Whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
  • How the consumer can verify and, if necessary, correct the data provided by them before concluding the agreement;
  • Any other languages in which the agreement can be concluded besides Dutch;
  • The codes of conduct to which the entrepreneur is subject and how the consumer can access them electronically;
  • The minimum duration of the distance agreement in the case of a duration transaction.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer, subject to the provisions of paragraph 4, and fulfills the conditions set.
If the consumer accepts the offer electronically, the entrepreneur will confirm the receipt of the acceptance electronically without delay. As long as the receipt of the acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the legal limits, inform themselves whether the consumer can meet their payment obligations and all factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they have the right to refuse a purchase or application or impose special conditions on the execution.
The entrepreneur will send the consumer the following information in writing or in such a way that it can be easily stored on a durable data carrier:

  • The address of the entrepreneur’s establishment where complaints can be addressed;
  • The conditions under which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
  • Information about warranties and after-sales services;
  • The information from article 4, paragraph 3, unless the entrepreneur has already provided these details before the agreement’s execution;
  • The requirements for canceling the agreement if the agreement lasts more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous section applies only to the first delivery.

Article 6 – Right of Withdrawal

For Product Deliveries:
When purchasing products, the consumer has the right to cancel the agreement without providing a reason within 7 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer, who has been made known to the entrepreneur.
Exceptions apply to products that have been cut or tailored to specifications or made to order.
During the cooling-off period, the consumer must handle the product and packaging carefully. The product can only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, they must return the product, along with any supplied accessories and, where possible, in the original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

For Service Deliveries:
When services are delivered, the consumer has the right to cancel the agreement without giving a reason for at least seven days, starting from the day the agreement was concluded.
To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the goods will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Here’s the English translation of the text:

**Article 8 – Exclusion of the Right of Withdrawal**

The entrepreneur may exclude the consumer’s right of withdrawal as provided in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. that are created by the entrepreneur according to the consumer’s specifications;
  2. that are clearly of a personal nature;
  3. that by their nature cannot be returned;
  4. that may spoil or deteriorate rapidly;
  5. whose price is subject to fluctuations in the financial market that the entrepreneur cannot control;
  6. for single newspapers and magazines;
  7. for audio and video recordings and computer software whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  1. concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or within a specific period;
  2. whose delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
  3. concerning betting and lotteries.

**Article 9 – The Price**

During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices linked to fluctuations in the financial market that the entrepreneur cannot control, at variable prices. This dependency on fluctuations and the fact that any prices listed are indicative, will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  1. they are due to legal regulations or provisions; or
  2. the consumer has the right to terminate the agreement as of the day the price increase takes effect.

The prices mentioned in the offer for products or services are including VAT.

**Article 10 – Conformity and Guarantee**

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations in force at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

**Article 11 – Delivery and Execution**

The entrepreneur will exercise the utmost care in receiving and executing orders for products and in evaluating service requests.

The place of delivery is the address the consumer has communicated to the business.

In accordance with what is stated in Article 4 of these general terms and conditions, the business will execute accepted orders as soon as possible, but no later than within 30 days unless a longer delivery time has been agreed. If delivery is delayed, or if an order cannot be fully executed, the consumer will be notified within 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.

In the case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.

If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the time of delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs for any return shipment will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative of the entrepreneur, unless otherwise agreed.

**Article 12 – Duration Transactions: Duration, Termination, and Extension**

**Termination**

  1. The consumer may terminate an agreement entered into for an indefinite period, which relates to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement entered into for a fixed period, which relates to the regular delivery of products (including electricity) or services, at any time before the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements mentioned in the previous paragraphs:

– at any time, not limited to termination at a certain time or during a specific period;

– at least terminate in the same manner as they were entered into by the consumer;

– always terminate with the same notice period as the entrepreneur has stipulated for themselves.

**Extension**

  1. An agreement entered into for a fixed period, relating to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed period.
  2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period, which relates to the regular delivery of daily, news, and weekly newspapers and magazines, may be automatically extended for a fixed period of up to three months if the consumer can terminate this extended agreement before the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a fixed period, which relates to the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement relates to regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will end 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 agreed duration ends.

**Article 13 – Payment**

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the cooling-off period referred to in Article 6 paragraph 1 begins. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

In the sale of products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is agreed upon, the consumer may not assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

The consumer is obligated to immediately inform the entrepreneur of any inaccuracies in provided or indicated payment details.

In the case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs made known to the consumer in advance.

**Article 14 – Complaints Procedure**

Complaints regarding the performance of the agreement must be submitted in a timely manner, fully, and clearly described to the entrepreneur after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

**Article 15 – Disputes**

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

**Article 16 – Additional or Deviating Provisions**

Additional or deviating provisions from these general terms and conditions may not be detrimental to the consumer and must be laid down in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.