General terms and conditions
Article 1 Definitions and applicability
1.1 For the purpose of these general terms and conditions,
LE BIG shall mean: the private limited liability company LE BIG E-com B.V., with its registered office at Danzigerbocht 21A (1013 AM) in Amsterdam.
Customer: the natural person not acting in the exercise of a profession or business and who enters into an agreement with LE BIG.
Product: All items offered by LE BIG on its website.
1.2 These General Terms and Conditions shall apply to all offers, orders and agreements of LE BIG. Unless LE BIG agrees in writing to different terms and conditions. The customer may not derive any rights for future transactions from any agreed derogations.
1.3 Accepting an offer or placing an order means that the customer accepts the applicability of these terms and conditions.
1.4 The provisions in these terms and conditions may only be deviated from in writing, in which case the remaining provisions shall remain in full force.
Article 2 Offers/agreements
2.1 All offers from LE BIG shall be without obligation and LE BIG expressly reserves the right to change prices, in particular when necessary on the basis of (statutory) regulations.
2.2 An agreement will not be formed unless accepted by LE BIG.
2.3 LE BIG shall be entitled to refuse orders or to attach certain conditions to a delivery, unless otherwise expressly provided. If an order is not accepted, LE BIG shall communicate this within two (2) business days after receipt of the order.
Article 3 Prices and payments
3.1 The prices mentioned for the products and services offered are in euro including VAT.
3.2 LE BIG charges €4.95 for transport within the Netherlands and Belgium. For orders of € 50 or more, LE BIG does not charge for transport in the Netherlands and Belgium. An adapted rate applies to shipments outside the Netherlands. These rates are mentioned on the LE BIG website (http://lebig.dutchdrops.com/shipping-costs).
3.3 Immediately after an order the customer will receive a confirmation by e-mail mentioning the total costs, including shipping costs. Payment must be made via iDEAL, PayPal, Mister Cash or credit card via the Buckaroo internet cash register. No extra costs are charged for online payments.
3.4 Clearance charges and/or import and export duty are not included in the price and shall be at the customer’s expense if applicable.
Article 4 Delivery
4.1 LE BIG aims to ship all orders via DPD to the delivery address specified in the order, within one (1) business day after receipt of payment. If LE BIG deviates from this for any reason, it shall inform the customer regarding this by e-mail as soon as possible. In such case, LE BIG shall aim to ship the order within 4 business days after receipt of payment.
4.2 LE BIG shall send the order by registered mail. The parcel shall only be delivered to the delivery address specified by the customer. A signature will be required for receipt of the parcel upon delivery.
4.3 Exceeding the agreed delivery times shall not entitle the customer to compensation, termination of the agreement or non-compliance with any obligation that may arise in respect of the customer from this or any other related agreement.
4.4 The product must be delivered to the customer no later than 30 days after the order has been placed. If LE BIG fails to fulfil this obligation, the customer shall have the right to immediately cancel the purchase, unless the parties have agreed to a different delivery period.
4.4 LE BIG shall be permitted to deliver in parts.
4.5 LE BIG shall endeavour to keep its website as current as possible. It may happen, however, that a product is no longer available. If a product is out of stock, LE BIG shall inform the customer in respect of this within a reasonable period. In such case, LE BIG shall endeavour to supply a replacement product in agreement with the customer.
Article 5 Complaints and returns
5.1 The customer shall have the right to terminate the agreement without stating reasons, within thirty (30) days of receipt of the product. This period commences on the day after the product has been received by the customer. In such cases, returns shall only be accepted if the packaging of the product is undamaged and the product has not been damaged and/or washed and/or worn by the customer. LE BIG shall refund the amount paid into the account from which the payment was made, within 14 days after the returned product has been received in good condition. If the value of the product has been reduced due to use by the customer, the customer shall be liable for said loss. The customer shall authorise LE BIG to deduct an amount equal to the loss in value from the amount to be refunded by LE BIG.
5.2 In the event of termination on the basis of the preceding paragraph, the product must have been returned and received by LE BIG within thirty (30) days after relying upon termination.
5.3 The return costs shall be at the risk and expense of the customer. If goods returned are not received by LE BIG, even though shipped by the customer, LE BIG shall not pay any refunds. Shipments sent C.O.D. by the customer will not be accepted by LE BIG.
Article 6 Warranty Terms and Conditions and complaints procedure
6.1 All our products are covered by a legal warranty. Upon delivery, a product must be in good condition and function properly under normal use. In any case, a product is not in good condition if it is incomplete or damaged.
6.2 If a product does not function properly within the applicable warranty term, LE BIG shall seek an appropriate solution as soon as possible. For instance, free repairs, a replacement product or refund of the amount paid. If the problem with the product is attributable to the customer, the customer shall not be entitled to free repairs, a replacement product or refund of the amount paid. In addition, if the customer has used the product under normal conditions, as a result of which it is worn, the customer shall not be entitled to free repairs, a new similar product or refund of the amount paid.
6.3 The invoice of the order is considered proof of warranty. If the customer wishes to claim under the warranty, LE BIG shall request a copy of the invoice.
6.4 If the delivered product fails to comply with the agreement, the customer must notify LE BIG thereof within 5 business days of receipt of the relevant product by sending an e-mail to email@example.com. If no written complaints have been received by LE BIG within this period, LE BIG is deemed to have fully complied with its obligations in respect of the delivered product. LE BIG will respond within 7 working days of the complaint.
6.5 If the complaint does not relate to a product, the customer may also report its complaint as described above. LE BIG will also respond to such a complaint within 7 days.
Article 7 Liability
7.1 Any liability of LE BIG and of its personnel for damages of whatever nature, direct or indirect, including loss, consequential loss, damage to movable or immovable property or persons, is expressly excluded. LE BIG shall neither be liable for any damage caused by third parties in the performance of the agreement.
7.2 Furthermore, LE BIG shall not accept any liability for any damage arising from the use of the products of LE BIG
7.3 LE BIG shall not be liable for any misunderstanding, damage, delays or improper delivery of orders and messages resulting from the use of Internet or other means of communication between the customer and LE BIG or between LE BIG and third parties, insofar as related to the relationship between the customer and LE BIG, unless it concerns an intentional act or gross negligence by LE BIG.
7.4 Any liability of LE BIG towards the customer shall in any case be limited to a maximum of the invoice amount the customer is due to LE BIG under the agreement.
Article 8 Force majeure
8.1 In the event of force majeure, LE BIG shall have the right, at its discretion, to suspend the execution of your order or to terminate the agreement without judicial intervention. LE BIG shall inform the customer of this in writing. In such case, LE BIG shall not be obliged to pay any compensation, unless this would be unacceptable given the circumstances, in accordance with the standards of reasonableness and fairness.
8.2 Force majeure is defined as any shortcoming that cannot be attributed to LE BIG, because it is not due to any culpability on its part and for which it is not liable to compensation by virtue of legislation, legal transaction or prevailing opinion.
Article 9 Retention of title
9.1 All items supplied by LE BIG within the scope of the agreement shall remain the property of LE BIG until the customer has properly met all obligations arising from the agreement(s) entered into with LE BIG.
9.2 Items supplied by LE BIG that are subject to the retention of title pursuant to the preceding paragraph, may not be resold and may never be used as payment. The customer is not authorised to pledge or in any way encumber goods that are subject to the reservation of title.
9.3 The customer shall at all times do whatever may reasonably be expected to safeguard the rights of ownership of LE BIG.
9.4 If third parties levy attachment on the goods delivered under retention of title or wish to create or assert rights thereon, the customer must immediately inform LE BIG thereof.
9.5 In the event of LE BIG wishing to exercise its property rights as provided for in this article, the customer hereby gives unconditional and irrevocable permission, now for then, for LE BIG and third parties to be appointed by LE BIG, to enter the places where the property of LE BIG is located and to recover said goods.
Article 10 Privacy
Article 11 Miscellaneous
11.1 If the customer provides LE BIG with an address in writing, LE BIG shall be authorised to send all orders to that address, unless the customer informs LE BIG of a different address to which the orders should be sent, upon placing the order.
11.2 If derogations from these Terms and Conditions or any other agreement are permitted by LE BIG for a short or long period, whether or not tacitly, it expressly reserves the right at all times to demand immediate and strict compliance with these Terms and Conditions.
11.3 If one or more of these provisions of these Terms and Conditions or any other agreement with LE BIG is in conflict with any applicable legal provision, only the relevant provision will be void and will be replaced by a new provision, as determined by LE BIG, in compliance with the law at hand.
11.4 LE BIG shall be authorised to engage third parties for the execution of orders.
Article 12 Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these terms and conditions apply, including these terms and conditions, are governed exclusively by Dutch law.
12.2 Any disputes between parties shall be submitted exclusively to the competent court in Amsterdam.
© LE BIG E-com BV - may 2018. By AVC Advocaten, www.avcadvocaten.nl