Terms and conditions
Article 1 – Definitions
In these terms and conditions, the following terms shall mean:
Withdrawal Period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the professional;
Day: calendar day;
Contract for a Duration: a distance contract concerning a series of products and/or services for which the delivery and/or receipt obligation is spread over time;
Durable Data Medium: any medium that allows the consumer or the professional to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the information stored is possible.
Right of Withdrawal: the option for the consumer to cancel the distance contract during the reflection period;
Professional: the natural or legal person who offers products and/or services at a distance to consumers;
Distance Contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the professional, where, until the conclusion of the contract, exclusive use is made of one or more means of remote communication.
Means of Remote Communication: a method that can be used to conclude a contract without the consumer and the professional being present simultaneously in the same location.
General Terms and Conditions: these general terms and conditions of the professional.
Article 2 – Identity of the Professional
Le Duc Emporium
Email: leducemporium@gmail.com
Chamber of Commerce (KvK) number: 97171921
VAT identification number: NL005254008B46
Article 3 – Scope
These general terms and conditions apply to any offer made by the professional and to any distance contract and order concluded between the professional and the consumer.
Before the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the conclusion of the distance contract, where the general terms and conditions can be consulted at the professional's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
In the event that, in addition to these general terms and conditions, specific conditions for products or services also apply, the provisions of the second and third paragraphs will apply by analogy. In the case of conflicting conditions, the consumer may always invoke the provision that is most favorable to them.
If one or more provisions of these general terms and conditions are or become null or void, in whole or in part, at any time, the contract and these general terms and conditions will remain valid for the remainder. The concerned provision will then be immediately replaced, by mutual agreement, with a provision that closely approximates the original purpose.
Situations not covered in these general terms and conditions should be interpreted in accordance with the spirit of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these general terms and conditions should be interpreted in accordance with the spirit of these terms.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to modify or adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. This description is sufficiently detailed to allow the consumer to assess the offer correctly. If the entrepreneur uses images, they faithfully represent the products and/or services offered. Obvious mistakes or faults in the offer do not bind the entrepreneur.
All images, specifications, and information provided in the offer are indicative and cannot lead to compensation or cancellation of the contract.
The product images represent an accurate depiction of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual product colors.
Each offer contains clear information allowing the consumer to understand the rights and obligations related to the acceptance of the offer, including:
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Price, all taxes included;
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Any shipping costs;
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The method of conclusion of the contract and the necessary steps to do so;
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The possible application of the right of withdrawal;
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Payment, delivery, and contract execution methods;
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The period during which the offer can be accepted or the period during which the entrepreneur guarantees the price;
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The amount of communication costs if they are calculated on a basis other than the usual basic rate of the communication medium used;
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Whether the contract will be archived after conclusion, and if so, how the consumer can access it;
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How the consumer can, before concluding the contract, check and, if necessary, correct the data provided under the contract;
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The languages in which, besides Dutch, the contract can be concluded;
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The codes of conduct the entrepreneur is subject to and how the consumer can consult these codes electronically;
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The minimum duration of the distance contract in the case of a contract of duration.
Optional: available sizes, colors, types of materials.
Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and fulfills the conditions stipulated therein.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of this acceptance without delay by electronic means. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer may cancel the contract.
If the contract is concluded electronically, the entrepreneur will take the appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can make an electronic payment, the entrepreneur will take the appropriate security measures for that purpose.
The entrepreneur may, within the legal framework, verify if the consumer is able to fulfill their payment obligations, as well as any relevant facts and factors for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the contract, they have the right to refuse an order or request, or to add specific conditions.
The entrepreneur will provide the consumer, along with the product or service, the following information, in writing or in such a way that the consumer can store it in a durable medium:
a. The address of the entrepreneur's establishment where the consumer can address their complaints;
b. The conditions and manner in which the consumer can exercise their right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
c. Information on existing guarantees and after-sales service;
d. The data mentioned in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided them to the consumer before the execution of the contract;
e. The conditions for contract termination if the contract has a duration of more than one year or is indefinite.
In the case of a long-term contract, the provision above only applies to the first delivery.
Each contract is concluded under the suspensive condition of the sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving a reason during a 14-day period. This reflection period starts the day after the consumer or a third party designated by them receives the product.
During the reflection period, the consumer will handle the product and packaging with care. They will not unpack or use the product beyond what is necessary to evaluate if they wish to keep it. If they use their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. This notification must be made in writing or by email.
After notifying their intention to withdraw, the consumer must return the product within 14 days. They must provide proof that the items were returned on time, for example by means of a delivery receipt.
If, after the expiration of the deadlines mentioned in paragraphs 2 and 3, the consumer has not exercised their right of withdrawal or returned the product to the entrepreneur, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the return shipping costs are at their expense.
If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is provided the product has been returned or the consumer can provide conclusive proof of the complete return of the product.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated it in the offer, or at least before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
a. Made according to the consumer's specifications;
b. Clearly of a personal nature;
c. That, by their nature, cannot be returned;
d. Likely to deteriorate or expire quickly;
e. Whose price depends on fluctuations in the financial market over which the entrepreneur has no control;
f. Newspapers and magazines sold individually;
g. Audio and video recordings and computer software whose seal has been broken by the consumer;
h. Hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is also possible for services:
a. Concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
b. Whose delivery has started with the consumer's express consent before the withdrawal period expired;
c. Concerning betting and lotteries.
Article 9 – Price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the above, the entrepreneur may offer products or services at variable prices, when they are subject to fluctuations in the financial market over which the entrepreneur has no control. This connection to fluctuations and the fact that the prices mentioned are indicative prices will be specified in the offer.
Price increases within 3 months of the conclusion of the contract are only allowed if they result from legal or regulatory provisions.
Price increases after 3 months of the conclusion of the contract are only allowed if:
a. They result from legal or regulatory provisions; or
b. The consumer has the option to terminate the contract from the day the price increase takes effect.
The prices mentioned in the offer of products or services include all taxes.
All prices are subject to typographical errors. No liability is accepted for the consequences of such errors. In case of a manifest error in the price, the entrepreneur is not obliged to deliver the product at that incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services are in accordance with the contract, the specifications stated in the offer, the reasonable requirements of quality and/or utility, and the applicable legal and/or regulatory provisions in force at the time of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than normal use.
A warranty provided by the entrepreneur, the manufacturer, or the importer does not affect the legal rights of the consumer against the entrepreneur based on the contract.
Defective or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The warranty period provided by the entrepreneur corresponds to that of the manufacturer's warranty. However, the entrepreneur is never responsible for the final suitability of the products for any 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 or modified the delivered products themselves or had them repaired or modified by third parties;
– The products have been exposed to abnormal conditions, have been treated negligently, or contrary to the instructions of the entrepreneur and/or the packaging;
– The inadequacy results, in whole or in part, from regulations imposed or upcoming by public authorities regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The entrepreneur will take the greatest possible care in receiving and executing product orders.
The delivery address is the address provided by the consumer to the business.
Subject to the provisions of Article 4 of these general terms and conditions, the business will execute accepted orders as soon as possible, but no later than 30 days, unless a longer delivery period has been agreed with the consumer.
If delivery is delayed, or if an order cannot be executed, in whole or in part, the consumer will be informed within 30 days following the order. In this case, the consumer has the right to cancel the contract without charge and may be entitled to compensation.
In case of cancellation as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay, and at the latest within 14 days following the cancellation.
If the delivery of a ordered product turns out to be impossible, the entrepreneur will attempt to offer a replacement item. It will be clearly stated at the latest at the time of delivery that a replacement product is being delivered.
In the case of replacement items, the right of withdrawal cannot be excluded. Any return costs are the responsibility of the entrepreneur.
The risk of damage and/or loss of the products rests with the entrepreneur until delivery to the consumer or to a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Fixed-term Contracts: Duration, Termination, and Extension
Termination
The consumer may terminate a fixed-term contract concerning the regular supply of products (including electricity) or services, by following the agreed termination rules with a maximum notice period of one month.
The consumer may terminate a fixed-term contract concerning the regular supply of products (including electricity) or services, at the end of the agreed term, by following the agreed termination rules with a maximum notice period of one month.
The consumer can terminate the above contracts:
– At any time, without being limited to a specific date or period;
– By the same method used to conclude the contract;
– With a notice period equal to that of the entrepreneur.
Extension
A fixed-term contract concerning the regular supply of products or services cannot be automatically extended or renewed for a specified period.
Notwithstanding the above, a fixed-term contract concerning the regular supply of newspapers, dailies, and weeklies may be automatically extended for a maximum period of three months, provided that the consumer can cancel this extended contract with a maximum notice period of one month.
A fixed-term contract concerning the regular supply of products or services may only be extended automatically for an indefinite period if the consumer can terminate it at any time with a maximum notice period of one month, or three months maximum if delivery occurs less than once a month.
A fixed-term contract for the delivery of trial or discovery newspapers or periodicals is not automatically extended and ends automatically at the expiration of the trial period.
Duration
If a contract lasts longer than one year, the consumer can terminate it at any time after one year with a notice period of one month, unless reasons or fairness oppose an early termination.
Article 13 – Payment
Unless agreed otherwise, amounts owed by the consumer must be paid within 7 business days after the start of the reflection period provided in Article 6, paragraph 1.
In the case of a service contract, this period starts from the consumer's receipt of the confirmation of the contract.
The consumer must immediately inform the entrepreneur of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable fees that have been communicated to the consumer in advance.
Article 14 – Complaint Procedure
Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has noticed the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires longer processing time, the entrepreneur will reply 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 amicably, a dispute arises, which is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur decides otherwise in writing.
If the complaint is deemed justified by the entrepreneur, they will replace or repair the delivered products free of charge, at their discretion.
Article 15 – Disputes
The contracts concluded between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.