Terms and Conditions

Terms and Conditions for Leaves with hugs (trade name of Linked tree solutions)

Index:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Commitments of the consumer during reflection period

Article 8 - Costs in case of withdrawal

Article 9 - Commitments of the entrepreneur in case of withdrawal

Article 10 - Exclusion right of withdrawal

Article 11 - The price

Article 12 - Conformity and warranty

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 1 - Definitions

In these conditions, the following definitions apply:

  1. Additional agreement: een overeenkomst waarbij de consument producten, digitale inhoud en/of diensten verwerft in verband met een overeenkomst op afstand en deze zaken, digitale inhoud en/of diensten door de ondernemer worden geleverd of door een derde partij op basis van een afspraak tussen die derde en de ondernemer;
  2. Reflection period: the period in which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
  4. Day: calendar day;
  5. Digital contents: Information produced or delivered in digital form;
  6. Duration of transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;
  7. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation and unaltered re-production of the stored information possible;
  8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  9. Entrepreneur: the natural or statutory person who offers products and/or services to consumers at a distance;
  10. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
  11. Model form: the model form for withdrawal that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal;
  12. Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same room at the same time;

Article 2 - Identity of the entrepreneur

Leaves with hugs (trade name of Linked tree solutions)

Professor melchior treublaan 11
3571JA Utrecht
The Netherlands
E-mail address: info@leaveswithhugs.com
Chamber of Commerce number: 59814659
VAT identification number: NL001798596B69

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and 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 before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, by derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
  4. In case the specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favorable to him.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to make a proper assessment of the offer possible by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to make a proper assessment of the offer possible by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Article 5 - The contract

  1. The contract is, without prejudice to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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 contract is concluded electronically, the entrepreneur will take appropriate technical measures and organisational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can within the legal frameworks inform 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 the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, and he is entitled to attach special conditions to the execution.
  5. The entrepreneur will send the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  6. The visiting address of the business location of the entrepreneur where the consumer can go to with complaints;
  7. The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. the information about guarantees and the existing service after purchase;
  9. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
  10. Any agreement or order is entered under the condition of sufficient availability of the products.

Article 6 - Right of withdrawal

When delivering products:

  1. When purchasing products, the consumer has the option to terminate the contract without giving any reasons within 14 days. The entrepreneur can ask the consumer about the reason of withdrawal but the consumer is not oblidged to give one.
  2. The in paragraph 1 mentioned reflection time commences when the consumer of someone in his behalf has recieved the product or:
  3. If the consumer has multiple items in one order, the day the consumer or someone in his behalf, recieved the last product. The entrepreneur can, if he has informed the consumer in a clear fashion, refuse an order of multiple products with different delivery times.
  4. If the shipment of an order spans multiple parts or shipments: The day the consumer or someone in his behalf recieved the last shipment of the product.

Article 7 - Commitments of the consumer during reflection period

  1. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product or not. The consumer should treat the product as he was in a store handling the product before a purchase.
  2. The consumer is only liable for the decrease in value of the product other than the way stated in paragraph 1.
  3. The consumer is not liable for the decrease in value of the product if the entrepreneur did not inform him about all legal information about the right of withdrawal.

Article 8 - Costs in case of withdrawal

  1. If the consumer makes use of his right to use a withdrawal, he will notify the entrepreneur within the reflection period. He will use the model form at the end of this document or use the email supplied in article 2.
  2. The consumer will send the products back to the entrepreneur as soon as possible and within 14 days of reporting stated in paragraph 1.
  3. In order to make use of his right of withdrawal, the consumer will send all products and their accessories - within reason - in their original packaging back to the entrepreneur. The consumer will take into account the clear instructions of the entrepreneur.
  4. The risk and evidence for correct and timely execution of the withdrawal are with the consumer.
  5. If the consumer makes use of his right of withdrawal, the the consumer will bear the costs of returning the goods.
  6. If the consumer makes use of his right of withdrawal, all additional agreements will be forfeit.

Article 9 - Commitments of the entrepreneur in case of withdrawal

  1. If the entrepreneur supplies the consumer with a way to send the withdrawal electronically, the entrepreneur will send an acknowledging receipt.
  2. The entrepreneur will reimburse all payments of the consumer, including shipping costs that are invoiced for the returned product. The entrepreneur will do the repayment within 14 days of the consumer reporting the withdrawal. However, the condition is that the product has already been received by the merchant or that conclusive proof of the complete return can be submitted.
  3. Repayment will be made via the same payment method used by the consumer, unless the consumer explicitly authorizes another payment method.
  4. If the consumer chose for a more expensive method of shipping than the standard shipping, the entrepreneur doesn't have to reimburse the extra costs of the more expensive shipping method.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the right of withdrawal of the consumer. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products:

  1. Products of which the price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
  2. Products that have been created by the entrepreneur in accordance with the specifications of the consumer;
  3. Products which can not be returned due to their nature;
  4. Products that can spoil or age quickly;
  5. Products that are clearly personal in nature;

Article 11 - The price

  1. During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services with variable prices, in case of prices that are subject to fluctuations in the financial market and on which the entrepreneur has no influence. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 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 stipulations; or
  5. The consumer has the authority to terminate the contract with effect from the day on which the price increase starts.
  6. The prices mentioned in the offer of products or services include VAT.

Article 12 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of virtue and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
  3. The warranty term of the entrepreneur is consistent with the warranty term of the manufacturer. 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.

Article 13 - Delivery and execution

  1. The entrepreneur will take the most possible care when receiving and executing orders of products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has announced to the entrepreneur.
  3. With due regard for the provisions in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive a notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to a compensation.
  4. In case of dissolution in accordance with the last paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
  5. 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 representative that is announced to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration of transactions: duration, cancellation and extension

Cancellation:

  1. The consumer can terminate a contract that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due regard for the agreed cancellation rules and a period of notice of up to one month.
  2. The consumer can terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due regard for the agreed cancellation rules and a period of notice of at most one month.
  3. The consumer may, in the agreements that are mentioned in the previous paragraphs:
    • cancel at any time and not be limited to termination at a specific time or in a given period;
    • at least cancel in the same way as they were entered into by the consumer;
    • always cancel with the same period of notice as the entrepreneur has stipulated for himself.
  4. Extension:

  5. A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
  6. Contrary to the previous paragraph, a contract that has been concluded for a definite period and which extends to the regular delivery of daily papers, newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can cancel this extended contract before the end of the extension with a period of notice of no more than one month.
  7. A contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a period of notice of no more than one month and a period of notice of at most three months in case the contract extends to the regular, but less than once a month, delivery of daily papers, newspapers and magazines.
  8. A contract of limited duration of the regular delivery of daily papers, newspapers and magazines (trial or introductory subscription) can not be tacitly continued and ends automatically after the trial or introductory period.
  9. Duration

  10. If a contract has a duration of more than one year, the consumer may terminate the contract at any time with a period of notice of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 15 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period. In case of a contract to provide a service, this period shall start after the consumer has received the confirmation of the contract.
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In case of default by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs that were announced prior to the consumer.

Article 16 - Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
  2. Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within reasonable time, after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer must give the entrepreneur at least 4 weeks to deal with complaints. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.

Article 17 - Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these terms and conditions may not be at the expense of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Attachment I: Model form voor withdrawal

 

 

Model form voor withdrawal

 

(Only fill in this form if you want to issue a withdrawal)

 

  • To: Leaves with hugs

Professor melchior treublaan 11, 3571JA Utrecht, The Netherlands

info@leaveswithhugs.com

 

  • I / We (*) share / share (*) hereby inform you that I / we (*) revoke / revoke our agreement regarding the sale of the following goods / delivery of the following service (*) (*):

The sale of the following product(s): [description of product(s)]*

  • Ordered on (dd-mm-yyyy)

 

  • Name / name(s) consumer(s):

 

  • Address consumer(s):

 

  • Signature of consumer (s) (only when this form is submitted on paper)

 

 

* (*) Cross out what does not apply.