General Terms and Conditions – Liefjes & Co

General Terms and Conditions Liefjes & Co B.V.

Liefjes & Co B.V.
Chamber of Commerce (KvK): 42101080
VAT: NL869730216B01
Registered address: Aruba 13 C, 7332 BJ Apeldoorn, The Netherlands
E-mail: liefjesco@gmail.com
Website: www.liefjesco.nl

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

Liefjes & Co: Liefjes & Co B.V., seller of the products offered via the webshop.

Consumer: any natural person who is not acting for purposes related to their trade, business, craft, or professional activity.

Agreement: any agreement between Liefjes & Co and the consumer regarding the delivery of products.

Product: any item offered via Liefjes & Co.

Article 2 – Applicability

These general terms and conditions apply to every offer from Liefjes & Co and every agreement concluded with a consumer via the webshop.

Before completing an order, the consumer is given the opportunity to view and save these terms and conditions.

Deviating agreements only apply if Liefjes & Co has confirmed them in writing.

Mandatory consumer rights always remain applicable.

Article 3 – Offer and agreement

Liefjes & Co makes every effort to display product information, images, colors, sizes, and specifications as accurately as possible. Minor deviations, for example due to screen settings, production, or use of materials, may occur and do not automatically constitute a defect.

An automatically sent order confirmation only indicates that the order has been received.

Liefjes & Co may refuse or cancel an order if there is a justifiable reason for doing so, for example:

  • an apparent price or input error;
  • insufficient stock;
  • payment problems;
  • suspicions of fraud or abuse;
  • an incorrect or incomplete order;
  • an order in quantities that are clearly not intended for normal consumer use;
  • legal or product safety restrictions.

If a payment that has already been made cannot be fulfilled, the amount due will be refunded.

Article 4 – Prices, promotions, and payment

All consumer prices are displayed including applicable VAT, unless stated otherwise.

Any shipping costs are displayed before completing the order.

Obvious errors or mistakes in prices, discounts, or product information do not bind Liefjes & Co if it should have been reasonably clear to the consumer that an error was involved.

Discount codes, bundle discounts, gifts, and promotions may have additional conditions.

Unless stated otherwise:

  • discount codes cannot be combined;
  • a discount code cannot be applied retroactively;
  • promotions may have a limited duration or stock;
  • Liefjes & Co may refuse the use of discount codes or promotions in cases of abuse.

In the case of bundles or offers where the discount depends on the number of items purchased, in the event of a partial return, the discount on the retained items may be recalculated according to the previously announced promotional terms, to the extent permitted by law.

Article 5 – Delivery

The expected delivery time is shown on the website or during the ordering process.

Stated delivery times are an indication, unless a guaranteed delivery date has been explicitly agreed upon.

The consumer is responsible for providing the correct delivery address.

Reasonable additional costs arising from an incorrectly provided address by the consumer, failure to collect a parcel in time, or an unjustified refusal of a delivery may, to the extent permitted by law, be charged to the consumer.

Failure to collect or refusing a parcel does not in itself constitute a valid cancellation. The consumer must clearly state that they wish to cancel the agreement.

The risk of loss or damage generally transfers to the consumer once the consumer or a third party designated by them has actually received the product.

Article 6 – Right of withdrawal

In the case of an online purchase, the consumer generally has a 14-day cooling-off period.

For products, this period starts on the day after the consumer, or a third party designated by them, has received the product.

The consumer does not need to provide a reason for the withdrawal.

The consumer can notify their withdrawal via, among others:

  • the online withdrawal feature on the website;
  • e-mail;
  • the model form at the bottom of these terms;
  • another unambiguous statement.

After the withdrawal, the product must be returned without undue delay and no later than within 14 days.

The direct costs of returning the product are borne by the consumer.

Article 7 – Condition of returned products and depreciation

During the cooling-off period, the consumer must handle the product and packaging with extreme care.

The product may only be unpacked, viewed, and assessed to the extent reasonably necessary to determine its nature, characteristics, and operation.

We request that products be returned, as far as reasonably possible:

  • in the original product packaging;
  • complete;
  • with all accessories;
  • with manuals;
  • with labels and tags;
  • with assembly materials;
  • with protective material;
  • with any free products provided;
  • in a clean and neat condition.

If a product has been used more than necessary to assess it and has consequently decreased in value, Liefjes & Co may deduct the demonstrable depreciation from the amount to be refunded.

This may include, for example:

signs of use, scratches, damage, stains, hair, odors, wear and tear, signs of assembly or disassembly, missing parts, missing accessories, removed labels, and damaged product packaging, insofar as this damage goes beyond what was necessary to assess the product normally and actually leads to depreciation.

For products where assembly or actual use can affect the resale value or safety, such as car seats, high chairs, helmets, scooters, bed rails, stair gates, and similar products, use beyond what is necessary for assessment may lead to significant depreciation.

The absence of the original packaging does not automatically invalidate the legal right of withdrawal, but damage or depreciation arising from unnecessary damage or the lack thereof may, where permitted by law, be included in the valuation.

Article 8 – Return costs and refund

The direct costs of a normal return shipment are entirely for the account of the consumer.

The consumer is responsible for properly packaging the return shipment.

We advise sending returns with track & trace and keeping the shipping receipt.

In the event of a full withdrawal, Liefjes & Co will refund the purchase price and the original costs of the cheapest standard delivery.

If the consumer voluntarily chose a more expensive delivery method, the price difference does not need to be refunded.

In the event of a partial return, the original shipping fee does not need to be refunded.

Liefjes & Co will make the refund within 14 days after the withdrawal, but may wait until:

  • the product has been received; or
  • the consumer has demonstrated that they have returned the product,

whichever occurs first.

Any permitted depreciation may be offset.

Article 9 – Bundles, free products, and promotions

When a consumer cancels a complete order, any free items included as part of the offer must also be returned.

If a free product is missing or has been used more than was necessary for assessment, the demonstrable depreciation thereof may be offset, to the extent permitted by law.

In the case of partial returns of a bundle, the price of the retained items may be recalculated if it was clearly stated in advance that the discount depended on purchasing the products together.

Article 10 – Exceptions to the right of withdrawal

The right of withdrawal does not apply when a legal exception applies.

These may include, among others:

  • products manufactured or personalized according to the specific wishes of the consumer;
  • products that spoil quickly;
  • sealed products that are not suitable for return for health protection or hygiene reasons if the seal has been broken;
  • other legally exempted products.

Such an exception will be clearly stated with the relevant product before purchase.

Article 11 – Legal warranty

Liefjes & Co guarantees that delivered products comply with the agreement and the legal requirements applicable to them.

A consumer is entitled to a sound product.

How long a product should reasonably last depends, among other things, on the type of product, the price, the usage, and what the consumer may reasonably expect from it.

If there is a defect for which Liefjes & Co is legally responsible, the consumer’s legal rights will be respected.

Depending on the situation, this may lead to repair, replacement, price reduction, or termination.

Article 12 – No warranty for incorrect use

There is no right to free repair or replacement when a problem has demonstrably arisen due to circumstances for which Liefjes & Co is not responsible, for example:

  • incorrect use;
  • incorrect assembly;
  • use contrary to the manual;
  • exceeding weight, age, or usage limits;
  • normal wear and tear;
  • insufficient maintenance;
  • modifications or repairs by the consumer or third parties;
  • damage from drops, impact, water, or transport after delivery;
  • damage caused by not following safety warnings;
  • other damage caused by the consumer’s actions or omissions.

For a warranty claim, Liefjes & Co may request information that is reasonably necessary to assess the complaint, such as:

  • order number;
  • photos;
  • video;
  • serial number or batch number;
  • explanation of the use and the cause of the problem.

Article 13 – Complaints

The consumer is requested to report a defect to Liefjes & Co as soon as possible after discovery.

Liefjes & Co may first investigate the nature and cause of the problem before a suitable solution is determined.

Where reasonably possible, Liefjes & Co may first choose to repair or replace the product when permitted by law.

The consumer must give Liefjes & Co a reasonable opportunity to investigate and resolve a reported problem.

Article 14 – Liability

Liefjes & Co is not liable for damage arising from incorrect use, incorrect assembly, ignoring instructions or safety warnings, unauthorized modifications, or use for which the product is not intended, to the extent permitted by law.

Indirect damage and consequential loss are excluded to the extent that such exclusion is permitted by law.

Nothing in these terms limits liability or consumer rights where such liability cannot be limited or excluded under mandatory law.

Article 15 – Force majeure

Liefjes & Co is not liable for delays or non-performance resulting from circumstances beyond its reasonable control.

Force majeure may include, for example:

  • natural disasters;
  • war or serious social unrest;
  • strikes;
  • fire;
  • major disruptions;
  • government measures;
  • blockades of ports or transport routes;
  • exceptional transport problems;
  • serious disruptions at carriers or suppliers.

Mandatory consumer rights in the event of prolonged delay or failure to deliver remain in force.

Article 16 – Intellectual property

All intellectual property rights regarding, among others:

  • brand name Liefjes & Co;
  • logos;
  • photos;
  • videos;
  • texts;
  • designs;
  • manuals;
  • product designs;
  • graphic design;
  • packaging designs;

belong to Liefjes & Co or its licensors, unless stated otherwise.

These may not be commercially copied, adapted, distributed, or used without prior written consent.

Article 17 – Applicable law and international sales

Dutch law applies to agreements with Liefjes & Co.

When Liefjes & Co specifically directs its activities at consumers in other countries, including Belgium, Germany, and France, this choice of law does not deprive the consumer of the protection of mandatory consumer rules of the country where the consumer is habitually resident.

Furthermore, a consumer retains the rights regarding the competent court arising from applicable European law.

Article 18 – Amendments

Liefjes & Co may amend these terms and conditions.

In principle, the general terms and conditions that were applicable at the time of concluding the agreement apply to an order.

Amendments will not be applied retroactively if this would reduce the legal rights of the consumer.

Model withdrawal form

Only complete and return this form if you wish to withdraw from the agreement.

To:
Liefjes & Co B.V.
Aruba 13 C
7332 BJ Apeldoorn
The Netherlands
E-mail: liefjesco@gmail.com

I/We hereby give notice that I/we withdraw from my/our agreement regarding the sale of the following products:

Product(s):
............................................................

Order number:
............................................................

Ordered on / received on:
............................................................

Consumer name:
............................................................

Consumer address:
............................................................

Date:
............................................................

Signature:
Only required if this form is submitted on paper.