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 warranty
Article 11 - Delivery and performance
Article 12 - Long-term transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 17 - Return policy
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer can exercise his right of withdrawal; Read all about the cooling-off period
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Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
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Day: calendar day;
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Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
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Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
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Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
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Model form: the model withdrawal form that the entrepreneur makes available which a consumer can fill in when he wants to exercise his right of withdrawal.
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Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
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Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale 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;
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Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Lioninside
NieuwlandParc 314a
2952DD Alblasserdam
E customerservice@lioninside.nl
T +31 85 06 06 291
Chamber of Commerce 90837533
VAT number NL004845533B21
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between entrepreneur and consumer.
- 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
- In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
- If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will otherwise remain in force and the relevant provision will be replaced without delay in mutual consultation by a provision that approximates the intent of the original as closely as possible.
- Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
- All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
- Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to acceptance of the offer. This concerns in particular:
the price including taxes;
the shipping costs;
- the manner in which the agreement will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement will be archived after its conclusion, and if so in what way it can be consulted by the consumer;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;
- the possible other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in the event of an ongoing transaction.
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set thereby.
- If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for that purpose.
- The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled, giving reasons, to refuse an order or request or to attach special conditions to the implementation.
- The trader shall include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the trader's establishment where the consumer can submit complaints;
- 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;
- the information about guarantees and existing after-sales service;
- the data included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided these data to the consumer before the performance of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is for an indefinite period.
7. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
8. Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
In the case of delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.
- During the cooling-off period, the consumer shall handle the product and packaging carefully. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he shall return the product to the trader with all supplied accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
- If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader of this within 14 days after receipt of the product. The consumer must make this notification using the model form or by another means of communication such as e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
- If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the trader, the purchase is a fact.
In the case of delivery of services:
5. In the case of delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, commencing on the day the agreement is concluded.
6. In order to exercise his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the trader in the offer and/or at the latest upon delivery in this regard.
Article 7 - Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, at most the costs of return shipping shall be borne by him.
- If the consumer has paid an amount, the entrepreneur shall repay this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop owner or conclusive proof of complete return shipment can be provided. Repayment shall be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
- In the event of damage to the product due to careless handling by the consumer himself, the consumer shall be liable for any reduction in value of the product.
- The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
- The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer;
- for hygienic products whose seal has been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
- the delivery of which has begun with the consumer's express consent before the cooling-off period has expired;
- relating to betting and lotteries.
Article 9 - The price
- During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
- By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This dependence on fluctuations and the fact that any prices stated are indicative prices shall be stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
- 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 statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Products must be returned in their original packaging and in new condition.
- The entrepreneur's warranty period 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 has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the entrepreneur's instructions and/or the instructions on the packaging;
- the defectiveness is wholly or partly 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 performance
- The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery shall be the address that the consumer has made known to the company.
- Subject to the provisions stated in paragraph 4 of this article, the company shall execute accepted orders with due speed 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 fulfilled or can only be fulfilled in part, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur shall make efforts to provide a replacement item. No later than upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal may not be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
- The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Ongoing transactions: duration, termination and renewal
Termination
- The consumer may terminate an agreement entered into for an indefinite period and which 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.
- The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be limited to termination at a specific time or during a specific period;
- at least terminate them in the same manner as they were entered into by him;
- always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Renewal
- An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
- Contrary to the previous paragraph, an agreement entered into for a fixed period and relating to the regular delivery of daily newspapers, news newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.
- An agreement entered into for a fixed period and relating to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it 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 the regular, but less than once a month, delivery of daily newspapers, news newspapers, weekly newspapers and magazines.
- An agreement of limited duration for the regular introductory delivery of daily newspapers, news newspapers, weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period has expired.
Duration
5. 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 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 cooling-off period referred to in Article 6 paragraph 1 has commenced. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
- The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months 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 calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual consultation, a dispute arises that is subject to the disputes procedure.
- In the event of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in the case of complaints that cannot be resolved by mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is deemed well-founded by the entrepreneur, the entrepreneur will, at her discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional provisions or provisions deviating 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.
Article 17 - Return policy LIONINSIDE
Returning an item
Are you and the item you purchased not a match? Then you can exchange or return the products within 14 days from the day on which you received them. You are on time if you send the goods before the 14-day period has expired.
We would like to receive an email with the track and trace in advance. This way we can monitor the package and prevent it from being returned.
- To qualify for a full refund, products must be complete, undamaged, and in the original packaging. Feel free to inspect the product as you would in a store.
For example: take the whiteboard out of the box and view it from all sides, but do not hang it on the wall and write on it. - We cannot resell products that have suffered irreparable damage. You will receive no refund or not a full refund. The exact refund will be assessed on a case-by-case basis. We may return the product to you. We carefully inspect and model every product before shipping.
The return costs are always the responsibility of the buyer.
The maximum refund period consists of 2 parts: processing your return + refunding your money. Processing your return takes up to 3 business days after arrival at our warehouse. The payout differs per payment method and takes a maximum of 5 business days. In some cases, it may take a little longer.
We would like to receive the product back at the return address without visible damage and in the original box.
Return address:
NieuwlandParc 314a
2952DD Alblasserdam
Contact us at klantenservice@lioninside.nl