The terms and conditions below may be used by members of the WebwinkelKeur Foundation.

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Table of Contents

Article 1 – Definitions
Article 2 – Identity of the seller
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Long-term contracts: duration, termination, and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

  1. Cooling-off period:the period during which the consumer may exercise their right of withdrawal;
  2. Consumer:a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the business;
  3. Day:calendar day;
  4. Continuing transaction:a distance contract relating to a series of products and/or services, under which the obligation to deliver and/or purchase is spread out over time;
  5. Durable medium:any medium that enables a consumer or business to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information.
  6. Right of withdrawal:the consumer’s right to cancel the distance contract within the cooling-off period;
  7. Standard form:the standard withdrawal form provided by the business that a consumer can fill out when they wish to exercise their right of withdrawal.
  8. Business:a natural or legal person that offers products and/or services to consumers through distance selling;
  9. Distance contract:acontract in which, within the framework of a system organized by the business for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract;
  10. Means of distance communication:a method that can be used to conclude a contract without the consumer and the business being physically present in the same location at the same time.
  11. Terms and Conditions:the entrepreneur’s Terms and Conditions set forth herein.

Article 2 – Identity of the Business

LENO Europe B.V.;
De Stad 1
, 5688NX Oirschot

Phone number: 0499700276
Email address: info@umbaumeister.com
Chamber of Commerce number: 93530625
VAT ID number: NL866439420B01

Article 3 – Applicability

  1. These terms and conditions apply to all offers made by the merchant, as well as to all distance contracts and orders entered into between the merchant 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, it will be stated before the distance contract is concluded that the general terms and conditions are available for inspection at the business’s premises and will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated, prior to the conclusion of the distance contract, where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.
  4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.
  5. If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or are set aside, the agreement and these terms and conditions shall remain in full force and effect in all other respects, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original provision as closely as possible.
  6. Situations not covered by these terms and conditions shall be interpreted in accordance with the spirit of these terms and conditions.
  7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in accordance with the spirit” of these general terms and conditions.

Article 4 – The Offer

  1. If an offer is valid for a limited period or is subject to certain conditions, this will be explicitly stated in the offer.
  2. This offer is non-binding. The business is entitled to modify and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the merchant uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the merchant.
  4. All images and specifications in the offer are for illustrative purposes only and cannot serve as grounds for compensation or termination of the agreement.
  5. Product images are a true representation of the products offered. The seller cannot guarantee that the colors displayed will exactly match the actual colors of the products.
  6. Each offer must include sufficient information to ensure that the consumer clearly understands the rights and obligations associated with accepting the offer. This applies in particular to:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and the steps required to do so;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, and performance of the agreement;
    • the period for accepting the offer, or the period during which the merchant guarantees the price;
    • the rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the standard base rate for the means of communication used;
    • whether the agreement is archived after it is concluded, and if so, where the consumer can access it;
    • the manner in which the consumer, prior to concluding the contract, can verify the information provided by him in connection with the contract and, if desired, correct it;
    • any other languages in which the agreement may be concluded, in addition to Dutch;
    • the codes of conduct to which the business has committed, and the manner in which consumers can access these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
  2. If the consumer has accepted the offer electronically, the merchant shall immediately confirm receipt of the acceptance of the offer electronically. Until the merchant has confirmed this acceptance, the consumer may cancel the contract.
  3. If the agreement is concluded electronically, the merchant shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer is able to pay electronically, the merchant shall observe appropriate security measures for this purpose.
  4. The merchant may—within the limits of the law—ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the business has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to the performance of the agreement.
  5. The business must provide the consumer with the following information along with the product or service, either in writing or in a format that allows the consumer to store it in an accessible manner on a durable medium:
    • the business address of the entrepreneur’s location where consumers can submit complaints;
    • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • information about warranties and existing post-purchase service;
    • the information set forth in Article 4(3) of these terms and conditions, unless the business has already provided this information to the consumer prior to the performance of the contract;
    • the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration.
  6. In the case of a continuing transaction, the provision in the preceding paragraph applies only to the first delivery.
  7. Every agreement is subject to the condition precedent of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the right to cancel the contract within 14 days without giving any reason. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the business, receives the product.
  2. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether to keep it. If the consumer exercises their right of withdrawal, they shall return the product to the merchant with all accessories provided and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the merchant.
  3. If the consumer wishes to exercise their right of withdrawal, they must notify the merchant within 14 days of receiving the product. The consumer must provide this notification using the model form or through another means of communication, such as email. After the consumer has notified the business of their intention to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the delivered goods were returned in a timely manner, for example, by providing proof of shipment.
  4. If, by the end of the periods specified in paragraphs 2 and 3, the customer has not indicated their intention to exercise their right of withdrawal or has not returned the product to the seller, the sale is final.

When providing services:

  1. When services are provided, the consumer has the right to cancel the contract without giving any reason within at least 14 days, starting from the day the contract is entered into.
  2. To exercise their right of withdrawal, consumers must follow the reasonable and clear instructions provided by the merchant in the offer and/or, at the latest, upon delivery.

Article 7 – Costs in the event of withdrawal

  1. If the consumer exercises their right of withdrawal, they are responsible for no more than the cost of returning the item.
  2. If the consumer has paid an amount, the merchant will refund this amount as soon as possible, but no later than 14 days after the cancellation. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of its complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting loss in value.
  4. The consumer cannot be held liable for any loss in value of the product if the seller has not provided all legally required information regarding the right of withdrawal; this information must be provided before the sales contract is concluded.

Article 8 – Exclusion of the Right of Withdrawal

  1. The merchant may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the merchant has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract.
  2. The right of withdrawal may be excluded only for products:
    • that have been manufactured by the business in accordance with the consumer’s specifications;
    • that are clearly of a personal nature;
    • that, by their nature, cannot be returned;
    • that can spoil or go bad quickly;
    • the price of which is subject to fluctuations in the financial market over which the business owner has no control;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software for which the consumer has broken the seal;
    • for hygiene products whose seals have been broken by the consumer.
  3. The right of withdrawal may be excluded only for services:
    • to provide accommodation, transportation, restaurant services, or recreational activities on a specific date or during a specific period;
    • the delivery of which has begun with the consumer’s express consent before the cooling-off period has expired;
    • regarding betting and lotteries.

Article 9 – The Price

  1. During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the merchant may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the merchant has no control. This dependence on market fluctuations and the fact that any prices listed are indicative prices must be stated in the offer. 
  3. Price increases within three months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
  4. Price increases effective three months after the conclusion of the agreement are permitted only if the business has stipulated this and: 
    • are the result of legal regulations or provisions; or
    • the consumer has the right to terminate the contract effective as of the day the price increase takes effect.
  5. The prices listed in the product or service offerings include VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the seller is not obligated to deliver the product at the incorrect price. 

Article 10 – Conformity and Warranty

  1. The business guarantees that the products and/or services comply with the agreement, the specifications set forth in the offer, reasonable standards of quality and/or fitness for purpose, and the legal provisions and/or government regulations in effect on the date the agreement was concluded. If agreed upon, the business also guarantees that the product is suitable for uses other than normal use.
  2. A warranty provided by the business, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the business under the contract.
  3. Any defects or incorrectly delivered products must be reported to the seller in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
  4. The seller’s warranty period corresponds to the manufacturer’s warranty period. However, the seller is in no way responsible for the ultimate suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products.
  5. 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 a third party;
    • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly, or have been handled in a manner contrary to the seller’s instructions and/or the instructions on the packaging;
    • the defect is wholly or partly attributable to regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

  1. The business owner will exercise the utmost care when receiving and fulfilling orders for products and when evaluating requests for services.
  2. The place of delivery is the address that the consumer has provided to the company.
  3. Subject to the provisions of paragraph 4 of this article, the company will fulfill accepted orders with due diligence, but no later than within 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 notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation. 
  4. All delivery times are approximate. The consumer cannot derive any rights from any delivery times that may be stated. Exceeding a delivery time does not entitle the consumer to compensation.
  5. In the event of termination pursuant to paragraph 3 of this article, the merchant shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
  6. If delivery of an ordered product proves impossible, the merchant will make every effort to provide a replacement item. No later than at the time of delivery, the merchant will clearly and comprehensibly indicate that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility of the merchant.
  7. The risk of damage to and/or loss of products remains with the merchant until the moment of delivery to the consumer or to a representative designated in advance and notified to the merchant, unless expressly agreed otherwise.

Article 12 – Long-term contracts: term, termination, and renewal

Cancellation

  1. The consumer may terminate a contract entered into for an indefinite period that provides for 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.
  2. The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the contracts referred to in the preceding paragraphs:
    • terminate at any time and not be limited to termination at a specific time or during a specific period;
    • at least terminate them in the same manner in which they were entered into by him;
    • always give notice with the same notice period that the business owner has stipulated for themselves.

Extension

  1. A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
  2. Notwithstanding the preceding paragraph, a contract entered into for a fixed term for the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer may terminate this renewed contract by the end of the renewal period with a notice period of no more than one month.
  3. A fixed-term contract for the regular delivery of goods or services may be tacitly renewed for an indefinite period only if the consumer is entitled to terminate the contract at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract provides for the regular, but less than once a month, daily, news, and weekly newspapers and magazines.
  4. A fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines for introductory purposes (trial or introductory subscription) is not automatically renewed and ends automatically at the conclusion of the trial or introductory period.

Duration

  1. If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless fairness and equity preclude termination before the end of the agreed term.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
  2. The consumer is obligated to immediately notify the merchant of any inaccuracies in the payment information provided or listed.
  3. In the event of non-payment by the consumer, the business has the right, subject to legal limitations, to charge the consumer for reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

  1. The business owner has a clearly communicated complaint procedure in place and handles complaints in accordance with this procedure.
  2. Complaints regarding the performance of the contract must be submitted to the business in full and clearly described within two months of the consumer discovering the defects.
  3. Complaints submitted to the business will be responded to within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. If a consumer has a complaint, they should first contact the merchant. If the online store is a member of Stichting WebwinkelKeur and the complaint cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this online store has a current membership athttps://www.webwinkelkeur.nl/ledenlijst/. If a solution still cannot be reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur; its ruling is binding, and both the merchant and the consumer agree to this binding ruling. Submitting a dispute to this dispute resolution committee involves costs that must be paid by the consumer to the committee in question. It is also possible to submit complaints via the European ODR platform (https://ec.europa.eu/odr).
  6. A complaint does not suspend the business owner’s obligations, unless the business owner indicates otherwise in writing.
  7. If the business finds a complaint to be valid, it will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Any additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be set forth in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.