Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – The Price
Article 7 – Payment
Article 8 – Delivery and Execution
Article 9 – Conformity and Warranty
Article 10 – Right of Withdrawal
Article 11 – Exclusion of the Right of Withdrawal
Article 12 – Costs of Withdrawal
Article 13 – Legal Liability
Article 14 – Complaints Procedure
Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
Legislation: Dutch law applies;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Distance contract: a contract concluded within the framework of an organized system for remote selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively through one or more remote communication techniques;
Remote communication technique: a means that can be used for concluding an agreement, without the consumer and entrepreneur being physically present in the same space;
Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
Right of withdrawal: the consumer’s possibility to withdraw from the distance contract during the cooling-off period;
Day: calendar day, Dutch time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the Entrepreneur
Name of the Entrepreneur: Y.N. de Winter
Address: Linie 1, 5405 AR Uden, the Netherlands
Phone number: (+31) 413-256968
Email address: [email protected]
Chamber of Commerce number: 71337210
VAT number: available upon request only
Article 3 – Applicability
These General Terms and Conditions apply to all offers from the Liberpee webshop and to every distance contract concluded between the entrepreneur and the consumer.
All agreements between the Consumer and Liberpee webshop are governed by Dutch law.
The entrepreneur makes these General Terms and Conditions available to the Consumer for inspection as soon as possible and free of charge. If this is not reasonably possible, the entrepreneur will indicate where these General Terms and Conditions can be inspected before the distance contract is concluded, and that they will be sent free of charge upon request.
If the contract is concluded electronically, the text of these General Terms and Conditions will be made available to the Consumer electronically in such a way that they can be easily consulted and can also be downloaded and stored on a durable electronic data carrier.
Article 4 – The Offer
If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the manner in which the agreement will be concluded and which actions are necessary for this;
the price including taxes;
the costs of delivery;
the payment method;
the method of delivery or execution of the agreement;
whether or not the right of withdrawal applies.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions in paragraph 5, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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.
The Consumer has the duty to report inaccuracies in provided or stated payment and address details to the Entrepreneur without delay.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
Prior to the delivery of the product or service to the consumer, the entrepreneur will make the following information, in writing or in such a way that it can be stored in an accessible manner on a durable medium, available to the consumer:
- a) the contact address of the Entrepreneur where the Consumer can contact in case of complaints;
- b) the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- c) the information about existing after-sales service and guarantees;
- d) the data included in Article 4 paragraph 3 of these terms and conditions.
Article 6 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
The prices of products mentioned in the offer include VAT.
The prices of products mentioned in the offer do not include shipping costs unless expressly stated otherwise.
Article 7 – Payment
The Consumer will make the payment of the Agreement immediately by having the total amount credited to the bank account indicated in the Agreement.
If no payment has been made in accordance with subsection 1, the payment by the Consumer must be arranged within 14 days at the latest.
If no payment has been made within 21 days after the conclusion of the Agreement, the Entrepreneur reserves the right to terminate the agreement without giving any reasons. The Entrepreneur will inform the Consumer of this without delay.
In case of termination in accordance with Article 9 and/or Article 10, the Entrepreneur will refund the amount paid by the Consumer as soon as possible but no later than 30 days after termination.
Article 8 – Delivery and Execution
The Entrepreneur will exercise the utmost care when receiving orders and executing the Agreement and when assessing applications for the provision of services.
Consumers cannot claim delivery or shipment of goods before payment has been made as specified in Article 7.
The address provided by the consumer to the Liberpee webshop applies as the place of delivery.
Subject to what is stated in subsection 2 and Article 4, the Liberpee webshop will execute accepted orders expeditiously but at least within 15 days unless a longer delivery period has been agreed upon.
If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed about this no later than one month after the order was placed. In that case, the consumer has the right to terminate the agreement without costs.
The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 9 – Conformity and Warranty
While we make every effort to display all details, descriptions, and price information on the website as accurately as possible, inaccuracies may occur. We reserve the right to supplement or correct any errors, uncertainties, or missing information without prior notice. We reserve the right to cancel orders placed based on apparent erroneous information.
The entrepreneur guarantees that, subject to subsection 1, the products and/or services meet 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 distance contract.
The Entrepreneur guarantees that the products and/or services correspond to the specifications as stated in the offer, and meet reasonable requirements regarding usability and/or reliability and fall within the legislation on the day the agreement was concluded.
Any extra guarantee offered by the Entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the Consumer may assert against the Entrepreneur on the basis of the law and/or the distance contract.
Article 10 – Right of Withdrawal for Products
NB! For hygienic reasons, withdrawal of purchase of Liberpee products is only possible in case of demonstrable manufacturing defects.
If a manufacturing defect has occurred, the Consumer can return the product and the costs will be fully reimbursed. Please always contact the Liberpee webshop as soon as possible for this.
If an order has been placed by mistake, it can be withdrawn before shipment has taken place.
If the Consumer can demonstrate that the Liberpee webshop has not executed the agreement in accordance with Article 9, the consumer can withdraw from the agreement without further giving reasons.
In case of withdrawal, the Consumer will return the product, including all delivered accessories and in the original condition, including packaging, in accordance with the instructions of the Entrepreneur.
Due to legal provisions, a standard withdrawal form can be downloaded via the website.
Article 11 – Exclusion of the Right of Withdrawal
Only if the Entrepreneur has clearly communicated this at the time of offering the service or product, or at least in a reasonably expected time before the agreement was concluded, the Entrepreneur may exclude the following products or services from the right of withdrawal:
- a) Products that are not suitable for return for reasons of hygiene;
- b) Sealed products that are not suitable for return due to health or hygiene reasons and whose seal has been broken;
- c) Products that are not manufactured in a standard manufacturing process but that are made in accordance with the specific wishes of the Consumer or which are specifically made for a particular person.
Article 12 – Costs of Withdrawal
If the consumer exercises his right of withdrawal, he shall bear no more than the costs of returning the goods.
The Entrepreneur will, in consultation, refund all costs, including shipping costs, that the Consumer has incurred for the delivery of products, within 14 days after the day on which the Entrepreneur receives the products back, or until the Consumer has shown that the products have been returned.
If the Consumer chooses a more expensive method of return than the cheapest standard delivery, or chooses a shipping method that has not been approved by the Entrepreneur, the Entrepreneur will not be obliged to reimburse the additional costs.
Article 13 – Liability
The Liberpee webshop, the Entrepreneur, nor the producer shall be liable for any damage that may arise when the product does not function as expected in individual cases or causes damage due to improper use.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has established the defects.
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 notice of receipt and an indication when the consumer can expect a more detailed answer.