Identity of the entrepreneur
Name of entrepreneur: Lawinar / www.lawinar.com
Address: Lichttoren 32, 5611 BJ Eindhoven The Netherlands
Telephone number: +31 622274537
Availability: Monday to Friday between 9 a.m. and 5 p.m.
Email address: email@example.com
Chamber of Commerce number: 80500315
VAT identification number: NL003455386B90
Terms and Conditions
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
1. The agreement is concluded, subject to the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader 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.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can – 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 a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
5. The entrepreneur will send 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 medium:
1.the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. information about guarantees and existing after-sales service;
4. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
5. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, The costs for sending / returning the post will not be paid by Lawinar and will not be returned.
2. If the consumer has paid an amount, the entrepreneur will refund this amount (book costs) as soon as possible, but no later than 30 days after the return or cancellation.
1. During the period of validity stated in the offer, the prices of the products and or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
2. The prices stated in the offer of products or services include VAT.
Conformity and Warranty
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the company.
3. The company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal cannot be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.
Duration transactions: duration, cancellation and extension
- The consumer can terminate an agreement that has been 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 cancellation rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period. of no more than one month.
- The consumer can the agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or in a specific period; – at least cancel in the same way as they have been entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
- Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer has extended this. can cancel the agreement towards the end of the extension with a notice period of no more than one month.
- An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration. to oppose.
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period.
- When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. If prepayment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated prepayment has been made.
- The consumer has the duty 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 legal restrictions, to charge the reasonable costs made known to the consumer in advance.
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur promptly, fully and clearly described, after the consumer has discovered the defects. Complaints must, in order to be admissible, reach the entrepreneur: (a) in case of complaint due to non-conforming delivery, eight (8) days after delivery and (b) in case of hidden defects, eight (8) days after discovery of the defect or after the moment when such discovery could reasonably have occurred.
- Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
By ordering on the website of Lawinar, the consumer expressly allows the processing and use of his / her personal data for purposes such as the administration of the customer base, the management of orders, deliveries and invoices. monitoring solvency, marketing and advertising. The entrepreneur will not be allowed to transfer the data to third parties. The consumer has the right to inspect and correct all data. The consumer has the right at all times to object to the processing for direct marketing purposes free of charge. For more information, the consumer is invited to contact the public register maintained by the Commission for the Protection of Privacy (CPP). Commissie voor de bescherming van de persoonlijke levenssfeer (CBPL)