GENERAL TERMS AND CONDITIONS
Article 1 - Definitions.
In these terms and conditions
definitions:
Grace period: the period within which the
consumer can use his right of withdrawal;
Consumer: the natural person
who is not acting in the exercise of profession or business and enters into an
distance contract with the entrepreneur;
Day: calendar day;
Extended duration transaction: a distance contract
distance relating to a series of products and/or services, of which the
delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the
consumer or entrepreneur to enable information that is personally
addressed to him, to store in a way that future consultation and unaltered
reproduction of the stored information possible.
Right of withdrawal: the possibility for the
consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or
legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby
within the framework of a system organized by the entrepreneur for distance selling of
distance selling of products and/or services, up to and including the conclusion of the
agreement exclusive use is made of one or more techniques for
distance communication;
Technique for communication
distance: means that can be used for concluding an
agreement, without the consumer and entrepreneur simultaneously in the same
have come together in the same space.
General Terms and Conditions: the present
General Terms and Conditions of the entrepreneur.
Article 2 - Identity of
the entrepreneur
Company name: Lorenge
Chamber of Commerce number: 91094585
Trade name: Lorenge
VAT number: NL004865192B18
Customer service email: info.lorenge@gmail.com
Company address: De Huysacker
6, Veldhoven, Netherlands
Article 3 -
Applicability
These general conditions
apply to every offer of the entrepreneur and to every concluded
concluded distance contract and orders between entrepreneur and consumer.
Before the remote agreement
distance is concluded, the text of these general conditions will be made
consumer made available. If this is not reasonably possible
Before the remote agreement is concluded, it will be indicated that the
general conditions at the entrepreneur to see and they are at the request of the consumer as soon as possible
consumer as soon as possible be sent free of charge.
If the remote agreement
distance is concluded electronically, notwithstanding the preceding paragraph and
before the distance contract is concluded, the text of these general
conditions electronically to the consumer be made available
in such a way that the consumer in a simple way
can be stored on a durable medium. If this is
not possible, before the distance contract is concluded, it will be indicated where the general
indicated where the general conditions can be viewed electronically and
and that at the request of the consumer electronically or
otherwise will be sent free of charge.
In case in addition to
these general conditions also specific product or service conditions apply, the
apply, the second and third paragraph applies accordingly and
the consumer can in case of conflicting general conditions always rely on the applicable provision
rely on the applicable provision that is most favorable to him.
If one or more
provisions in these general conditions at any time fully or partially
null and void or destroyed, then the agreement and these
remain in force for the rest and the provision in question will be
replaced immediately in mutual consultation by a provision that approximates the
purport of the original as closely as possible.
Situations not covered by these
these general terms and conditions, should be judged 'in the spirit
of these general terms and conditions.
Uncertainties about the
interpretation or content of one or more provisions of our conditions, must be
interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited
limited validity or made under conditions, this will be
expressly stated in the offer.
The offer is without obligation.
The entrepreneur is entitled to change and adapt the offer.
The offer contains
complete and accurate description of the products and/or
services. The description is sufficiently detailed to make a good
of the offer by the consumer as possible. If the entrepreneur uses
uses images, these are a truthful representation of the
products and / or services offered. Obvious mistakes or obvious
errors in the offer do not bind the entrepreneur.
All images,
specifications data in the offer are indicative and can not
be cause for compensation or dissolution of the agreement.
Images of products
are a true reflection of the products offered. Trader can
not guarantee that the displayed colors exactly match the real
colors of the products.
Each offer contains such
information, that it is clear to the consumer what the rights and obligations
are, which are attached to the acceptance of the offer. This concerns in particular
in particular:
the price, excluding
customs clearance costs and import VAT. These additional costs shall be
expense and risk of the customer. The postal and/or courier service will, with
with regard to imports, use the special regulation for postal and
courier services. This regulation applies if the goods are imported into the EU country
of destination, which is also the case in the present case. The postal and/or
courier service collects the VAT (whether or not together with the charged
clearance costs) from the recipient of the goods;
the possible costs of
shipping;
the way in which the
agreement will be established and what actions are required for that purpose;
whether or not
application of the right of withdrawal
the method of payment,
delivery and execution of the agreement;
the period for acceptance
of the offer, or the period within which the entrepreneur guarantees the price
guarantees;
the height of the tariff
for distance communication if the costs of using the technique for distance
for distance communication are calculated on a basis other than the
regular basic rate for the means of communication used;
Whether the agreement after the
conclusion is archived, and if so in what way it can be consulted by the
consumer to consult;
The manner in which the
consumer, before the conclusion of the agreement, the data provided by him in the context of
may review and, if desired,
rectify;
any other languages
in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the
entrepreneur is subject and the way the consumer can consult these
codes of conduct can be consulted electronically; and
The minimum duration of the
distance contract in case of an endurance transaction.
Optional: available
sizes, colors, type of materials.
Article 5 - The agreement
The agreement comes, subject to
subject to the provisions of paragraph 4, is established at the time of acceptance
by the consumer of the offer and the fulfillment of the accompanying
conditions.
If the consumer has
If the consumer has accepted the offer electronically, the operator
confirmation of receipt of the acceptance of the offer.
offer. Until receipt of this acceptance has not been confirmed by the entrepreneur
confirmed, the consumer can dissolve the agreement.
If the agreement
electronically, the entrepreneur will take appropriate technical and organizational
organizational measures to protect the electronic transfer
of data and ensures a secure web environment. If the consumer
can pay electronically, the entrepreneur will take appropriate
observe appropriate security measures.
The entrepreneur can -
within legal frameworks - on whether the consumer can meet his
payment obligations, as well as of all those facts and factors that are
are important for a responsible conclusion of the distance contract. If
the entrepreneur on the basis of this investigation has good grounds for the agreement
not to enter into the agreement, he is entitled to refuse an order or request while giving reasons
refuse or to attach special conditions to the implementation.
The entrepreneur will with the
product or service to the consumer the following information, in writing or in
in such a way that the consumer in an accessible way can be
be stored on a durable medium, include:
the visiting address
of the establishment of the entrepreneur where the consumer complaints
can;
the conditions
under which and the way in which the consumer can use the right of withdrawal
or a clear statement about the exclusion of the right of withdrawal
the right of withdrawal;
the information
about guarantees and existing service after purchase;
the data included in article 4
paragraph 3 of these conditions, unless the entrepreneur this
data already provided to the consumer before the performance of the
agreement;
the requirements
for termination of the agreement if the agreement has a duration
of more than one year or is of indefinite duration.
In the case of a
duration transaction, the provision of the previous paragraph shall apply only to the
first delivery.
Each agreement is
entered into under the suspensive conditions of sufficient availability of
the products in question.
Article 6 -
Right of withdrawal
When purchasing
products, the consumer has the option of dissolving the contract without giving any
reason to dissolve the agreement for 14 days. This cooling-off period commences on the day
after receipt of the product by the consumer or a previously by the consumer
designated by the consumer and made known to the entrepreneur representative.
During the reflection period
The consumer will handle the product and packaging with care. He will only
unpack or use the product only to the extent necessary to assess
to assess whether he wishes to keep the product. If he uses his
right of withdrawal, he will return the product with all delivered
accessories and - if reasonably possible - in its original condition and
packaging to the entrepreneur, in accordance with the by the entrepreneur
provided reasonable and clear instructions.
When the consumer
wishes to use his right of withdrawal, he is obliged to do so within 14
days after receipt of the product, to the
entrepreneur. The consumer must make this known by means of a written
message / email. After the consumer has made known that he wants to
right of withdrawal, the customer must return the product within 14 days.
return. The consumer must prove that the delivered goods
are returned in time, for example by means of a proof of
shipment.
If after the expiration
of the periods mentioned in paragraphs 2 and 3 has not made known that he
right of withdrawal or the product has not been returned to the entrepreneur
entrepreneur, the purchase is a fact.
Article 7 - Costs in case of
of withdrawal
If the consumer uses
right of withdrawal, the costs of returning the products will be
products at the expense of the consumer.
If the consumer has
amount paid, the entrepreneur will refund this amount as soon as possible, but
no later than 14 days after revocation, refund. This is the
condition that the product is already received back by the entrepreneur or
conclusive evidence of complete return can be presented.
Article 8 - Exclusion
right of withdrawal
The entrepreneur can exclude
right of withdrawal of the consumer for products as
described in paragraphs 2 and 3. The exclusion of the right of withdrawal
applies only if the trader clearly stated this in the offer, or at least in good time
before the conclusion of the agreement, has stated this.
Exclusion of the
right of withdrawal is only possible for products:
That have been
entrepreneur to the specifications of the consumer
consumer;
that are clearly
personal in nature;
that by their
nature can not be returned;
that can quickly
spoil or become obsolete;
whose price
is linked to fluctuations in the financial market over which the entrepreneur
has no influence;
for individual
newspapers and magazines;
for audio and
video recordings and computer software of which the consumer has broken the seal.
has broken the seal.
for hygienic
products whose seals have been broken by the consumer.
Exclusion of the
right of withdrawal is only possible for services
concerning
accommodation, transportation, restaurant business or leisure activities to be performed on
a certain date or during a certain period;
of which the
delivery has started with the express consent of the consumer
Before the cooling-off period has expired;
Concerning betting and lotteries.
Article 9 - The price
During the period of validity
validity period, the prices of the products and/or
services are not increased, except for price changes resulting from changes in VAT rates.
in VAT rates.
Notwithstanding the previous
paragraph, the entrepreneur may offer products or services whose prices are subject to
to fluctuations in the financial market and on which the entrepreneur has no influence.
has no influence on, with variable prices. This link to fluctuations and
the fact that any prices mentioned are target prices, are mentioned with the offer.
offer.
Price increases within 3
months after the conclusion of the agreement are only allowed if
they are the result of legal regulations or provisions.
Price increases from 3
months after the conclusion of the contract are only allowed if
the entrepreneur has stipulated it and:
these are the result
are the result of statutory regulations or provisions; or
the consumer has the authority
authority to cancel the contract on the day on which the price
on which the price increase takes effect.
The place of delivery
pursuant to article 5, first paragraph, Turnover Tax Act 1968 takes place
in the country where the transport commences. In the present case, this delivery
takes place outside EU. Following this, the postal or courier service will charge
will collect import VAT or clearance charges from the customer. There will therefore
the entrepreneur will not charge VAT.
All prices are subject to
reservation of printing and typesetting errors. For the consequences of printing and typing errors
No liability is accepted. In case of printing and typesetting errors the entrepreneur is not
not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned 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 uses other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled negligently or contrary to the entrepreneur's instructions and/or the packaging instructions;
- The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
The place of delivery is the address communicated by the consumer to the company.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement at no cost and to claim any damages.
In the event of termination in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. It will be clearly and comprehensibly stated upon delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are 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 representative known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-term transactions: duration, termination, and renewal
Termination
The consumer can terminate an agreement concluded for an indefinite period and which aims to regularly deliver products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month.
The consumer can terminate an agreement concluded for a definite period and which aims to regularly deliver products (including electricity) or services at any time by the end of the agreed period, subject to agreed termination rules and a notice period of up to one month.
The consumer can terminate the agreements mentioned in the preceding paragraphs:
- At any time and shall not be limited to termination at a specific time or during a specific period;
- Terminate at least in the same manner as they were entered into by him;
- Always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
An agreement concluded for a definite period and which aims to regularly deliver products (including electricity) or services may not be tacitly renewed or extended for a specific duration.
In deviation from the preceding paragraph, an agreement concluded for a definite period and which aims to regularly deliver daily, news, and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.
An agreement concluded for a definite period and which aims to regularly deliver products or services may only be tacitly renewed for an indefinite duration if the consumer can terminate it at any time with a notice period of up to one month and a notice period of up to three months in case the agreement aims to deliver daily, news, and weekly newspapers and magazines regularly, but less than once a month.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically end after the trial or introductory period.
Duration
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 up to one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement for the provision of a service, this period shall commence after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of the consumer's default, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.
Article 14 - Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved amicably, a dispute arises that is eligible for dispute resolution.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
Article 16 - CESOP
Due to the measures introduced and tightened as of 2024 regarding the 'Amendment of the Turnover Tax Act 1968 (Implementation of the Payment Service Providers Directive)' and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.