General Terms and Conditions (GTC)

The General Terms and Conditions of the Nederlandse Thuiswinkel Organisatie (Dutch Home Shopping Organization) have been established in consultation with the Consumentenbond (Dutch Consumers’ Association) within the Coordination Group for Self-Regulation (Coördinatiegroep Zelfreguleringsoverleg - CZ) of the Dutch Social and Economic Council (Sociaal-Economische Raad). These terms take effect on June 1, 2020.

§ 1 Definitions

For the purpose of these General Terms and Conditions, the following definitions apply:

Ancillary Agreement: An additional agreement for the acquisition and delivery of products, digital content, and/or services in connection with a distance contract by the consumer, the entrepreneur, or a third party based on an agreement between this third party and the entrepreneur;
Cooling-Off Period: The period during which the consumer may exercise their right of withdrawal;
Consumer: A natural person who is not acting in the exercise of their trade, business, craft, or professional activity;
Day: A calendar day;
Digital Content: Data produced and supplied in digital form;
Continuous Contract: A contract for the regular supply of goods and/or digital content or the regular provision of services over a certain period;
Durable Data Carrier: Any device, including email, that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference or use for a period suitable to the purpose of the information, and that permits unchanged reproduction of the stored information;
Right of Withdrawal: The consumer’s ability to terminate the distance contract within the cooling-off period;
Entrepreneur: A natural or legal person who is a member of the Nederlandse Thuiswinkel Organisatie and who offers or supplies digital content and/or services to consumers via distance contracts;
Distance Contract: A contract concluded between the entrepreneur and the consumer as part of an organized system for the remote sale of products, digital content, and/or services, where one or more means of distance communication are used up to and including the moment of contract conclusion;
Model Withdrawal Form: The EU model withdrawal form included in Annex I of these terms and conditions; Annex I does not need to be provided if the consumer does not have a right of withdrawal under their order;
Means of Distance Communication: A tool that can be used to conclude agreements without requiring the entrepreneur and consumer to be in the same physical space simultaneously.

§ 2 Identity of the Entrepreneur

Leki Benelux
Jupiterstraat 2, NL-6468 EV Kerkrade, Netherlands
Phone: +31(0)45 211 0875 (available Monday - Friday, 8 a.m. - 5 p.m.)
E-Mail: klantenservice@leki.nl
KvK Number: 14109525
BTW Number: NL820319430B01

§ 3 Applicability

These General Terms and Conditions apply to all distance selling offers made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
LEKI retains the text of the contract after its conclusion for internal purposes. If you have registered an account for order processing, you can view the contracts you have concluded in your order history by logging into your customer account with your username and password. This is a free additional service that we reserve the right to discontinue. This option is not available if you place an order as a "guest" without creating a user account. However, in all cases of online orders, we will send you an order confirmation containing the terms of the concluded contract via email.
Before the distance contract is concluded, the text of these General Terms and Conditions will be provided to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the terms can be viewed and that they will be sent to the consumer free of charge upon request before the distance contract is concluded.
If the distance contract is concluded electronically, the entrepreneur may provide the text of these General Terms and Conditions electronically before the contract is concluded, enabling the consumer to store them on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where the terms can be accessed electronically and that they will be sent free of charge, either electronically or otherwise, upon request.
If specific terms for goods or services apply in addition to these General Terms and Conditions, the second and third paragraphs above also apply. In the event of conflicting terms, the consumer may always rely on the provision most favorable to them.

§ 4 The Offer

If an offer has a limited validity period or is subject to specific conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the goods, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to make an informed assessment of the offer. If the entrepreneur uses images, these must be a truthful representation of the goods, services, and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer must contain all necessary information to make it clear to the consumer what rights and obligations are associated with accepting the offer.

§ 5 The Contract

The contract is concluded – subject to the provisions of paragraph 4 – at the moment the consumer accepts the offer and fulfills the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until the entrepreneur has confirmed receipt, the consumer may terminate the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe suitable security measures.
Within the limits of the law, the entrepreneur may investigate whether the consumer can meet their payment obligations and any other relevant facts and factors for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
The entrepreneur will provide the following information to the consumer at the latest upon delivery of the goods, services, or digital content, in writing or in a format accessible to and storable by the consumer on a durable medium:
1. The address of the entrepreneur's business location where the consumer can direct complaints;
2. Conditions for exercising the right of withdrawal and how to do so, or a clear statement if the right of withdrawal is excluded;
3. Information about warranties and available after-sales service;
4. The price, including all taxes, of the goods, services, or digital content, as well as any delivery costs and the method of payment, delivery, or execution of the distance contract;
5. Requirements for contract termination if the contract duration exceeds one year or is indefinite;
6. If applicable, the model withdrawal form.
For continuous performance agreements, the provisions of the previous paragraph apply only to the first delivery.

§ 6 Right of Withdrawal

For Goods:

The consumer may terminate a purchase contract for goods within a cooling-off period of at least 14 days without providing any reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot require them to disclose it.
The cooling-off period mentioned in paragraph 1 begins:
1. On the day the consumer, or a third party designated by them (not the carrier), receives the goods;
2. If the consumer ordered multiple goods in one order that are delivered separately, on the day the consumer or their designee receives the last item, provided the entrepreneur clearly informed the consumer in advance of this arrangement;
3. For goods delivered in multiple shipments or parts, on the day the consumer or their designee receives the final shipment or part;
4. For regular delivery of goods over a specified period, on the day the consumer or their designee receives the first item.

For Services and Digital Content Not Delivered on a Tangible Medium:

The consumer may terminate a service contract or a contract for digital content not delivered on a physical medium within at least 14 days without providing a reason. The entrepreneur may ask for the reason but cannot require disclosure.
The cooling-off period mentioned in paragraph 3 starts the day after the contract is concluded.

Extension of the Cooling-Off Period for Lack of Withdrawal Information:

If the entrepreneur has not provided the consumer with legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period is extended by 12 months after the original cooling-off period ends.
If the entrepreneur provides the required information within 12 months of the original cooling-off period's start date, the cooling-off period ends 14 days after the consumer receives the information.

§ 7 Consumer Obligations During the Cooling-Off Period

During the cooling-off period, the consumer must handle the goods and their packaging carefully. They may only unpack or use the goods to the extent necessary to determine their nature, characteristics, and functionality, as they would be permitted to do in a physical store.
The consumer is liable for any diminished value of the goods resulting from handling beyond what is permitted under paragraph 1.
The consumer is not liable for any diminished value if the entrepreneur failed to provide them with the legally required information before or at the time of contract conclusion.

§ 8 Exercise of the Right of Withdrawal by the Consumer and Associated Costs

If the consumer wishes to make use of his right of withdrawal, this must be reported to the entrepreneur within the cooling-off period using the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall arrange for the return of the product or hand it over to the entrepreneur (or his authorized representative). This does not apply if the trader has agreed to collect the goods himself. Compliance with the return period by the consumer is guaranteed if the goods are returned before the cooling-off period has expired.
The consumer shall return the product, including all delivered accessories, if reasonably possible, in its original condition and packaging and in accordance with the reasonable and clear instructions of the entrepreneur.
The responsibility as well as the burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the trader does not inform the consumer that he will have to bear these costs, or if the trader has indicated that he will bear the costs himself, the consumer does not have to pay the costs for the return shipment.
The consumer bears the direct costs of returning the product. If the entrepreneur does not inform the consumer that he will have to bear these costs, or if the entrepreneur has indicated that he will bear the costs himself, the consumer does not have to pay the costs for the return shipment.
If the consumer makes use of his right of withdrawal after having expressly requested that the provision of the service or the supply of gas, water or electricity that has not already been prepared for sale, in a limited scope or in a certain quantity, already take place during the cooling-off period, the consumer shall pay the entrepreneur an amount corresponding to the part of the obligation that has already been fulfilled at the time of withdrawal.
The consumer does not bear the costs of the provision of services or the supply of water, gas or electricity, in a limited volume or in a certain quantity, which have not already been prepared for sale, nor the costs of the supply of district heating, if:
1. the trader has failed to provide the consumer with the legally required information about the right of withdrawal or the model withdrawal form or to reimburse the costs in the event of withdrawal.
2. the consumer has not expressly requested the provision of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer will not incur any costs for the full or partial delivery of digital content not supplied on a physical medium if:
1. he has not expressly agreed to the contractual provisions during the cooling-off period and before delivery;
2. he has not agreed to assign his right of withdrawal by giving his consent, or
3. the trader has failed to confirm the consumer's declaration.
If the consumer makes use of his right of withdrawal, all ancillary contracts are legally dissolved.

§ 9 Obligations of the Entrepreneur in the Event of Withdrawal

If the entrepreneur allows electronic notifications of withdrawal, they must send an immediate acknowledgment of receipt to the consumer.
The entrepreneur must refund all payments, including standard shipping costs (but not additional costs for non-standard shipping methods), within 14 days of receiving the withdrawal notice. Refunds may be withheld until the goods are received or the consumer provides proof of return, whichever occurs first.
Refunds must be processed using the same payment method as the original transaction unless the consumer agrees to an alternative. Refunds must be free of charge for the consumer.
If the consumer has opted for a more expensive shipping method instead of the cheapest standard shipping method, the trader does not have to reimburse the additional costs for this more expensive shipping method.

§ 10 Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following items or services from the right of withdrawal, provided they explicitly state this in the offer or prior to contract conclusion:

Goods or services subject to market fluctuations beyond the entrepreneur's control within the withdrawal period.
Contracts concluded during public auctions.
Fully performed service contracts if:
1. Execution began with the consumer’s explicit consent.
2. The consumer acknowledged the loss of the withdrawal right upon full performance.
Package tours as per Dutch Civil Code Article 7:500 and passenger transport contracts.
Accommodation services or other leisure-related services scheduled for specific dates, except residential purposes, goods transport, car rentals, or catering.
Custom-made goods based on consumer specifications or clearly personalized for the consumer.
Perishable goods or those with limited shelf lives.
Sealed goods unsuitable for return due to health or hygiene reasons if unsealed after delivery.
Goods that are inseparably mixed with other items after delivery.
Alcoholic beverages agreed upon at the time of contract but deliverable after 30 days, subject to market fluctuations.
Sealed audio, video recordings, and software unsealed after delivery.
Newspapers, periodicals, or magazines, except subscriptions.
Digital content not supplied on physical data carriers, but only if:
1. the provision of the service has begun with the express prior consent of the consumer and
2. the consumer has declared that he thereby loses his right of withdrawal.

§ 11 The Price

During the period of validity stated in the offer, the prices of the goods and/or services offered will not be increased, unless there are price changes as a result of changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer goods or services whose prices are subject to fluctuations in the financial market over which the trader has no influence at variable prices. These fluctuations and the fact that any prices quoted are target prices are stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases occurring 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and: they are the result of statutory regulations or provisions or the consumer is entitled to terminate the contract on the day on which the price increase comes into effect.
The prices stated in the offer for goods or services are inclusive of VAT.

§ 12 Compliance and additional guarantee

The trader warrants that the goods and/or services are in conformity with the contract and meet the specifications stated in the offer, the reasonable requirements of suitability and/or usability and the statutory provisions and/or government regulations in force on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the goods are suitable for a non-normal use.
An additional guarantee offered by the entrepreneur, his supplier, manufacturer or importer does not reduce the rights and claims that the consumer can assert on the basis of the distance contract if the entrepreneur does not fulfill his part of the contract.
For the purposes of these general terms and conditions, an additional guarantee means any obligation of the entrepreneur, his supplier, importer or manufacturer towards the consumer, on the basis of which the consumer can assert certain rights or claims that go beyond the legal obligations if the entrepreneur does not fulfill his part of the contract.

§ 13 Delivery and execution

The trader shall exercise the greatest possible care when accepting and executing orders for goods and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has communicated to the entrepreneur.
With due observance of the relevant information in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders as soon as possible, but at the latest within 30 days, unless a different delivery time has been agreed. If delivery is delayed or if an order cannot be carried out or can only be carried out in part, the consumer will be notified of this no later than 30 days after he has placed the order. In this case, the consumer has the right to terminate the contract free of charge and may be entitled to compensation.
After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk that goods are damaged or lost shall be borne by the entrepreneur until the moment of delivery to the consumer or a representative designated in advance by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

§ 14 Permanent transactions: Duration, termination and extension of the contract

Termination::

The consumer may terminate a contract for an indefinite period for the regular delivery of products (including electricity) or the regular provision of services at any time, subject to the agreed termination conditions and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or the regular provision of services at any time at the end of the fixed term, subject to the agreed termination conditions and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs at any time and may not
1. terminate at any time and may not be limited to termination on a specific date or within a specific period;
2. terminate in at least the same way as he entered into it;
3. terminate at any time with the same notice period that the entrepreneur has stipulated for himself.

Extension:

A fixed-term contract for the regular delivery of products (including electricity) or the regular provision of services may not be tacitly extended or renewed for a fixed period.
By way of derogation from the provisions of the previous paragraph, a fixed-term contract for the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a maximum period of three months if the consumer can terminate that renewed contract at the end of the renewal period, subject to a notice period of no more than one month.
A fixed-term contract for the regular delivery of products or the regular provision of services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month. If the contract relates to the regular delivery of daily and weekly newspapers and magazines less than once a month, a notice period of no more than three months applies in this case.
A fixed-term contract for the regular delivery of daily and weekly newspapers and magazines to get to know them (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has expired.

Duration:

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year, subject to a notice period of no more than one month, unless it is not reasonably possible to terminate the contract before the end of the agreed duration.

§ 15 Payment

Unless a different period is agreed in the contract or supplementary provisions, the amounts payable by the consumer must be paid within 14 days of the start of the cooling-off period or, if no cooling-off period has been set, within 14 days of the conclusion of the contract. In the case of a contract for the provision of services, this period commences on the day after the consumer has received confirmation of receipt of the acceptance of the offer from the entrepreneur.
The consumer is obliged to report any errors in payment details to the entrepreneur without delay.
If the consumer fails to meet his payment obligation(s) on time, he shall, after having been notified by the entrepreneur of his late payment and having been granted a period of 14 days to meet his payment obligations, and if payment is still not made within this 14-day period, also pay the statutory interest on the amount due and the entrepreneur shall be entitled to charge him the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% over the amounts due up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000. The minimum costs are € 40. The trader is entitled to use other amounts and percentages in favor of the consumer.

§ 16 Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints regarding the fulfillment of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint is likely to take longer to process, the entrepreneur will send a reply within 14 days, confirming receipt of the complaint and stating when the consumer can expect a more detailed reply.
A complaint about a product, service or service provided by the entrepreneur can also be submitted via the complaint form on the consumer page of the website of the Nederlandse Thuiswinkel Organisatie (www.thuiswinkel.org). The complaint will then be sent to both the trader concerned and the Nederlandse Thuiswinkel Organisatie. The consumer must in any case give the trader 4 weeks to settle the complaint by mutual agreement. Only after this period does a dispute arise for settlement by the Disputes Committee.

§ 17 Disputes

Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. If the entrepreneur directs his activities to the country in which the consumer lives, the consumer can always apply the consumer law applicable in his country.
Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements with regard to products to be delivered or delivered or services to be provided or provided by this entrepreneur can - subject to the provisions below - be submitted by both the consumer and the entrepreneur to the Disputes Committee of the Dutch Thuiswinkel Organization (Geschillencommissie Thuiswinkel, postal address: Postbus 90600, NL-2509 LP The Hague, (www.sgc.nl), hereinafter also referred to as the “Disputes Committee”).
Disputes can also be submitted by consumers via the European ODR platform (http://ec.europa.eu/consumers/odr/ ).
The Disputes Committee will only deal with a dispute if the consumer has first submitted his complaint to the trader within a reasonable period of time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Commission no later than 12 months after the date of submission of the first complaint to the trader.
If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by that decision. Preferably, the consumer shall first notify the trader.
If the trader wishes to enter into arbitration via the arbitration committee, the consumer must state in writing within five weeks of a written request from the trader whether he wishes to do so or whether he wishes to have the dispute heard by a competent court. If the trader is not aware of the consumer's decision within five weeks,
the trader is entitled to submit the dispute to the competent court.
The Disputes Committee adjudicates in accordance with the conditions set out in the Disputes Committee's rules of procedure (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the arbitration committee are legally binding recommendations.
The Disputes Committee will not deal with a dispute or will discontinue dealing with it if the entrepreneur has applied for suspension of payments or bankruptcy or has actually ceased his business activities before a dispute has been dealt with at the meeting of the Disputes Committee and a final judgment has been given.
If, in addition to the Disputes Committee, another recognized Disputes Committee or one affiliated with the Stichting Geschillencommissie voor Consumentenzaken (SGC - Foundation for Consumer Disputes Committees) or the Klachteninstituut Financiële Dienstverlening (Kifid - Complaints Institute for Financial Services) is competent, the Geschillencommissie Thuiswinkel is preferably competent for disputes that mainly relate to the distance selling of goods or services. For all other disputes, the other recognized arbitration committees or those affiliated to the SGC or Kifid are competent.

§ 18 Branch guarantee

The Nederlandse Thuiswinkel Organisatie guarantees compliance by its members with the binding advice imposed by the Geschillencommissie Thuiswinkel if the trader has not submitted that binding advice to the court for review within two months of its date in accordance with the Rules of the Disputes Committee. This suspension of the guarantee shall end and the consumer may invoke the guarantee again as soon as the court ruling declaring the binding recommendation binding becomes final. The guarantee of the Nederlandse Thuiswinkel Organisatie is limited to a maximum amount of € 10,000 per binding recommendation. For amounts exceeding the sum of € 10.000,= per binding recommendation, € 10.000,= will be paid to the consumer. In so far as the amount exceeds the sum of € 10.000,=, the Nederlandse Thuiswinkel Organisatie undertakes to make an effort to persuade the entrepreneur to comply with the Binding Recommendation.
For this guarantee to be applicable, the consumer must invoke it in writing to the Nederlandse Thuiswinkel Organisatie and transfer his claim against the entrepreneur to the Nederlandse Thuiswinkel Organisatie. To the extent that the claim against the entrepreneur exceeds the amount of € 10,000, the consumer is offered the opportunity to transfer the part of his claim that exceeds the amount of € 10,000 to the Netherlands Home Improvement Organization, which will take legal action against this claim in its own name and at its own expense for payment to the consumer.

§ 19 Supplementary or deviating provisions

Provisions that deviate from or supplement 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 on a durable medium to which the consumer has access.

§ 20 Amendments to the General Terms and Conditions of the Dutch Thuiswinkel Organization

The Nederlandse Thuiswinkel Organisatie will only amend these general terms and conditions after consultation with the Consumentenbond.
Amendments to these general terms and conditions will only enter into force after they have been published in an appropriate manner, on the understanding that in the event of valid amendments during the term of an offer, the provision that is most favorable to the consumer will prevail.

Nederlandse Thuiswinkel Organisatie
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede, The Netherlands
Postbus 7001, 6710 CB Ede, The Netherlands

The Dutch version and the Dutch text of these General Terms and Conditions shall prevail in the interpretation and interpretation of these General Terms and Conditions.

Status: 05.12.2024