Terms and Conditions

General Terms and Conditions

Below you will find general terms and conditions that you can use for your webshop. Please note: no rights can be derived from these general terms and conditions. Consult a legal expert if you have any doubts about their content.

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Ongoing transaction: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
• Durable data carrier: any medium that allows the consumer or entrepreneur to store information that is personally addressed to them in a way that enables future consultation and unaltered reproduction of the stored information;
• Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
• Distance contract: an agreement in which, as part of a system organized by the entrepreneur for remote selling of products and/or services, exclusive use is made of one or more means of remote communication until the conclusion of the contract;
• Means of remote communication: a method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location;
• General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Lioro.nl
Email address: info@lioro.nl
Chamber of Commerce (KvK) number: 86182919

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to any distance contract and orders concluded between the entrepreneur and the consumer.
2. 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, the entrepreneur will indicate before the distance contract is concluded where the general terms and conditions can be consulted and that they will be sent free of charge at the consumer’s request as soon as possible.
3. If the distance contract is concluded electronically, then, in deviation from the previous paragraph, 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 accessed electronically and that they will be sent electronically or in another manner free of charge at the consumer’s request.
4. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in case of conflicting general terms and conditions, the consumer can always rely on the provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the contract and these conditions will otherwise remain in force, and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible.
6. Situations not covered by these general terms and conditions should be assessed in line with the spirit of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of these terms should be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify 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 allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images and specification details in the offer are indicative and cannot give rise to compensation or the dissolution of the agreement.
Images of products provide a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer includes information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This particularly concerns:

• the price, including taxes;
• any shipping costs;
• the method by which the agreement will be concluded and what steps are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the cost of remote communication if the cost of using remote communication technology is based on a different rate than the standard base rate for the used communication method;
• whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
• how the consumer can check and, if necessary, correct the data provided in the context of the agreement before finalizing the contract;
• the possible languages, besides Dutch, in which the agreement can be concluded;
• the codes of conduct to which the entrepreneur adheres and how the consumer can electronically access these codes of conduct;
• the minimum duration of a distance contract in the case of a long-term transaction.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed this receipt, 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

Within legal boundaries, the entrepreneur may investigate whether the consumer can fulfill their payment obligations, as well as any other facts and factors that are important for responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has legitimate reasons not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.

The entrepreneur shall provide the following information to the consumer, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium, along with the product or service:

a. The physical address of the entrepreneur’s business location where the consumer can submit complaints.
b. The conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded.
c. Information about warranties and existing post-purchase services.
d. The details included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
e. The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without stating any reason within 14 days. This reflection period starts on the day after the consumer, or a representative designated by the consumer and notified to the entrepreneur, receives the product.

During the reflection period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product, including all accessories supplied and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. This notification must be made via a written message or email. Once the consumer has expressed their intention to withdraw, they must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example, by providing a shipping receipt.

If the consumer has not expressed their intention to exercise the right of withdrawal or has not returned the product within the periods mentioned in paragraphs 2 and 3, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs for returning the products shall be borne by the consumer.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the retailer or that conclusive proof of complete return has been provided.

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, at least before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:
a. that have been made by the entrepreneur according to the consumer’s specifications;
b. that are clearly of a personal nature;
c. that, by their nature, cannot be returned;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. that are single issues of newspapers and magazines;
g. that are audio and video recordings or computer software whose seal has been broken by the consumer;
h. that are hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:
a. related to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period;
b. whose delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
c. related to betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from adjustments in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependency on market fluctuations and the fact that any listed prices are indicative will be stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of such 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 reliability and/or usability, and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days 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 had them repaired and/or modified by third parties.
• The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging.
• The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing product orders.

The delivery address is the address provided by the consumer to the company.

In compliance with Article 4 of these general terms and conditions, the company will execute accepted orders as soon as possible, but no later than 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 partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and may be entitled to compensation.

In the event of dissolution under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. Upon delivery, it will be clearly indicated that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at the end of the fixed duration, subject to 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, without being restricted to termination at a specific time or within a specific period;
• In the same way as the agreement was initially concluded;
• With the same notice period that the entrepreneur has stipulated for itself.

Renewal

An agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed duration.

By way of exception to the previous paragraph, an agreement entered into for a fixed period, which involves the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly renewed for a maximum period of three months, provided that the consumer can terminate this renewed agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period, which involves the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or a maximum of three months if the agreement involves the regular delivery of daily, news, and weekly newspapers and magazines but less frequently than once a month.

An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

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 fairness and reasonableness prevent termination before the end of the agreed duration.

Artikel 13 – Betaling
Voor zover niet anders is overeengekomen, dienen de door de
consument verschuldigde bedragen te worden voldaan binnen 7
werkdagen na het ingaan van de bedenktermijn als bedoeld in
artikel 6 lid 1. In geval van een overeenkomst tot het verlenen van een
dienst, vangt deze termijn aan nadat de consument de bevestiging
van de overeenkomst heeft ontvangen.
De consument heeft de plicht om onjuistheden in verstrekte of
vermelde betaalgegevens onverwijld aan de ondernemer te melden.
In geval van wanbetaling van de consument heeft de ondernemer
behoudens wettelijke beperkingen, het recht om de vooraf aan de
consument kenbaar gemaakte redelijke kosten in rekening te
brengen.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

If the complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Artikel 15 – Geschillen

Op overeenkomsten tussen de ondernemer en de consument

waarop deze algemene voorwaarden betrekking hebben, is

uitsluitend Nederlands recht van toepassing. Ook indien de

consument woonachtig is in het buitenland.