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TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Table of Contents

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 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof | Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and additional warranty
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Additional or different stipulations
Article 18 - Amendments to the general terms and conditions

Article 1 - Definitions

In these conditions the following terms have the following meanings:

  • Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  • Reflection period: the period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who does not act for purposes related to his trade, business, crafts - or professional activity;
  • Day: calendar day;
  • Digital content: data produced and supplied in digital form;
  • Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  • Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to provide information that is sent to him personally. is targeted, save in a manner that allows future consultation or use for a period of time commensurate with the purpose for which the information is intended, and which allows for unaltered reproduction of the information stored;
  • Right of withdrawal: the consumer's ability to to consider the reflection period of the distance contract;
  • Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers at a distance;
  • Distance contract: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement, exclusive or joint use is made becomes one or more techniques for distance communication;
  • Model withdrawal form: the European model withdrawal form included in Annex I of these conditions;
  • Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time;

Article 2 - Identity of the entrepreneur

LEXSON BRANDS BV
trading under the brand name: Antracite ©
www.antracite.nl

Company data

  • Haagweg 444 | 4813 XG Breda | Netherlands
  • VAT: NL8179.01.334B01
  • CoC: 20122975
  • Member of: Inretail

Bank

  • IBAN: NL86 RABO 0117764558
  • BIC: RABONL2U

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer. 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, the entrepreneur will indicate how the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge at the request of the consumer.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that can be easily stored by the consumer 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 they will be sent free of charge electronically or otherwise at the request of the consumer. / p>

Just in case naast these general terms and conditions also apply specific product or service conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products, services and / or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The contract

The agreement is, subject to the provisions of paragraph 4, concluded when the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts. and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, stating reasons.

The entrepreneur will at the latest delivery of the product, service or digital content to the consumer, enclose the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  2. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information about guarantees and existing after-sales service;
  4. the price including all taxes of the product, service or digital content; insofar as applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;
  5. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
  6. if the consumer has a right of withdrawal, the model withdrawal form.

In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer can enter into an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige him to state his reason (s).

The reflection period referred to in paragraph 1 starts on the day after the consumer, or a prior third party designated by the consumer, who is not the carrier, has received the product, or:

  • if the consumer has ordered several products in the same order: the day on which the consumer, or a consumer designated third party, has received the last product. The entrepreneur may, if he has clearly informed the consumer prior to the ordering process, refuse an order of several products with a different delivery time;
  • if the delivery of a product consists of different shipments or parts. : the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
  • for regular delivery contractseration of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not on a tangible medium delivered:

The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).

The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that has not been delivered on a tangible medium when not informing about the right of withdrawal:

  • If the entrepreneur provides the consumer with the legally required information about the right of withdrawal or the model withdrawal form has not expired, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
  • If the entrepreneur has the the consumer has provided information within twelve months after the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Consumers' obligations during the cooling-off period

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he should in a shop.

The consumer is only liable for the depreciation of the product that is the result of a manner of handling. with the product that goes further than allowed in paragraph 1.

The consumer is not liable for the value reduction of the product if the entrepreneur does not have all legally required information about the right of withdrawal before or at the conclusion of the agreement. provided.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he must report this within the reflection period by means of the model withdrawal form or otherwise unambiguously to the entrepreneur. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.

The consumer returns the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.

The consumer does not bear costs for the full or partial delivery of digital content that is not supplied on a tangible medium, if;

  • he has not expressly agreed to commence performance of the agreement before the end of the cooling-off period prior to its delivery. ;
  • he has not acknowledged losing his right of withdrawal when giving his consent; or
  • the entrepreneur has failed to confirm this statement from the consumer.
  • If the consumer makes use of his right of withdrawal, all additional contracts will be terminated by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send it after receipt of this notification of a confirmation of receipt without delay.

The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer withdraws from him. reports. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has the product oreceived or until the consumer demonstrates that he has returned the product, whichever is earlier.

The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

    • Products or services the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period.
    • Contracts concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
    • Service contracts, after full performance of the service, but only if: the performance has begun with the express prior consent of the consumer; and the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement:
    • Service contracts for the provision of accommodation, if the contract provides for a specific date or period of execution and other than for residential purposes , freight transport, car rental services and catering;
    • Contracts related to leisure activities, if the contract provides for a specific date or period of performance thereof;
    • Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
    • Products that spoil quickly or have a limited shelf life;
    • Sealed products that are not suitable for return for reasons of health protection or hygiene and of which d e seal after delivery has been broken;
    • Products that, by their nature, are irrevocably mixed with other products;
    • Alcoholic drinks, the price of which was agreed upon conclusion of the contract, but whose delivery can only take place after 30 days, and the actual value of which depends on fluctuations in the market on which the entrepreneur has no influence;
    • Sealed audio, video recordings and computer software, the seal of which after delivery has been broken;
    • Newspapers, magazines or magazines, with the exception of subscriptions to this;
    • The delivery of digital content other than on a tangible medium, but only if: the execution has started with the express prior consent of the consumer; and the consumer has declared that he will lose his right of withdrawal.

Article 11 - The price

During the period of validity stated in the offer, the prices of the offered products and / or services have not been increased, except for price changes as a result of changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur can supply products or services whose prices are subject to fluctuations. offer variable prices on the financial market and on which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.

Price increases within 2 weeks after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. .

Price increases from 2 weeks after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or

the consumer is authorized to terminate the contract with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT. < / p>

Article 12 - Fulfillment of the agreement and additional warranty

The entrepreneur guarantees that the products and / or services comply with the agreement, the offer listed specificationsthe reasonable requirements of soundness and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

An additional warranty provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.

An extra guarantee is understood to mean any obligation of the entrepreneur, its supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

Article 13 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and implementing orders for products e n when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of the provisions in Article 4. of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and the right to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.

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

Article 14 - Payment

Unless otherwise provided in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract. In the event of a contract for the provision of a service, this period starts on the day after the consumer has confirmed the ng of the contract.

When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s) before the stipulated prepayment has taken place.

The consumer has the obligation to correct inaccuracies or reported payment details to the entrepreneur without delay.

If the consumer does not meet his payment obligation (s) in time, this is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a has granted a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, the legal amount owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. bring. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 15 - Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the contract must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

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 reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint is not received within a reasonable period thenHowever, a dispute that is subject to the dispute settlement procedure will arise within 3 months after the complaint has been submitted.

Article 16 - Disputes

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

Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to by this entrepreneur Products and services to be delivered or delivered can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Dispute Committee Webshop, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).

A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time. The dispute must be submitted to the Disputes Committee in writing no later than twelve months after the dispute has arisen.

If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wants to do that, the consumer will have to state in writing within five weeks after a request made in writing by the entrepreneur whether he wishes to do so or whether he wants the dispute to be handled by the competent court. The entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.

The Disputes Committee will rule under the conditions as set out in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee will be made by means of binding advice.

The Disputes Committee will not handle a dispute or discontinue treatment if the entrepreneur has been granted a moratorium, has been declared bankrupt or has actually terminated business activities before a dispute has been dealt with by the committee at the hearing and a final decision has been rendered. Financial Services (Kifid) affiliated Disputes Committee is competent, the Disputes Committee Stichting Webshop Keurmerk is preferably competent for disputes concerning mainly the method of distance selling or remote services. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.

Article 17 - Additional or deviating provisions

Additional or deviating from these general terms and conditions provisions 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 by the consumer in an accessible manner on a durable medium.

Article 18 - Amendments to the general terms and conditions

Amendments to these terms and conditions will only take effect after they have been published in an appropriate manner, it being understood that in the event of applicable amendments during the term of an offer, the consumer most favorable provision will prevail.

Last update 11 March 2020

Annex I: Model withdrawal form < / strong>

Model withdrawal form

(Tue Only complete and return the form if you want to withdraw from the contract)

- To: [name of entrepreneur]

[geographic address of entrepreneur]

[fax number of entrepreneur, if available]

[email address or electronic address of entrepreneur]

- I / We * share / share * hereby inform you that I / we * our agreement regarding

the sale of the following products: [designation product] *

the supply of the following digital content: [designation digital content] *

the provision of the following service: [designation service] *,

revoked / revoked *

- Ordered on * / received on * [date order with services or receipt with products]

- [Consumer (s) name]

- [Consumer (s) address]

- [Consumer (s) signature] (only if this form is submitted on paper) < / p>

* Strike out what does not apply or fill in what applies.