Article 1. Definitions
The terms used in these general terms and conditions are defined as follows:
- Products: all items, covered by these general terms of purchase, which LingaDore is to deliver to the Client pursuant to their agreement.
- LingaDore: business name of the user of these general terms of purchase. LingaDore is located inDinxperlo (Helmkamp 46F, 7091 HR), the Netherlands.
- Client: each natural person who is purchasing outside of the course of his business or trade.
Article 2. Applicability
These general terms of purchase are applicable to all offers, quotations and all agreements between LingaDore and a Client. The Client’s order is presumed to be an acceptance of these terms and conditions. Any deviation of these terms of purchase, or the applicability of any other terms and conditions, is expressly rejected unless such is agreed upon in writing in advance. If one or more of the provisions of these general terms of purchase are invalid or set aside, the remaining provisions of these general terms of purchase shall remain applicable in full. LingaDore and the Client will in that case enter into consultation with a view to making agreement on the substitution of the invalid provisions with new ones that approach as closely as possible the purpose and the tenor of the original provisions.
LingaDore may amend the present conditions. Amendments shall also apply to agreements already entered to. LingaDore shall announce any such amendments well in advance. The Client may terminate the agreement as per the date on which the amended conditions will take effect, it the Client does not wish to accept such amended conditions.
Article 3. Offers
All quotations and offers issued by LingaDore shall be without engagement. Additions and/or changed to the order confirmation and/or quotation are only binding on the parties if these have been laid down by the parties in writing. LingaDore cannot be bound by the offer if the offer contains a mistake, which should reasonably be recognized as a mistake by the Client. LingaDore can revoke all offers. LingaDore has the right to revoke an accepted offer within 2 business days after acceptance. The offer contains a full description of the product(s).
Article 4. Orders
The agreement between LingaDore and the Client is concluded at the time of acceptance of LingaDore’s offer together with meeting the corresponding conditions (such as payment conditions) by the Client. LingaDore shall confirm receipt of acceptance to the Client. The contents of the agreement are considered to be laid down in full and as the only document in order confirmation. LingaDore reserves the right to cancel any order (or part thereof) by giving reasonable notice to the Client. LingaDore shall at all times be entitled both prior to and after conclusion of the agreement to require security for payment or advance payment suspending its performance of the agreement until such security has been provided by the Client. Additions and/or changes to the order confirmation are only binding on the parties if parties have laid these down in writing. The additions have to be confirmed by LingaDore. LingaDore reserves the right to refuse additions without explanation. LingaDore may, within the limits of law, gather information about the Client’s ability to fulfil his payment obligations. If, acting on the results of this investigation, LingaDore has sound reasons for not concluding the agreement, LingaDore is lawfully entitled to refuse an order or to attach special terms to the implementation.
Article 5. Voucher policy
- Vouchers are valid for three months. Vouchers cannot be redeemed after the expiry date.
- Vouchers cannot be used for the purchase of other vouchers.
- Vouchers cannot be exchanged for cash.
- LingaDore is not responsible for any typographical or spelling errors on the voucher.
Article 6. Prices and payment
- Prices set by LingaDore are tax-inclusive. Prices are exclusive additional costs (for example: costs of shipment). Additional costs will be agreed with the Client in written.
- Payment can be made online (due the IcePay online payment system which provides the Client with iDeal, PayPal or credit card), in the secure environment of a reputable payment service provider. However, online payments are made at the Client’s own risk. For the Dutch consumers it is also possible to opt for payment after delivery through Billink. The personal details and company details that LingaDore – Mendels Fashion Group processes in the context of its business operations, will (amongst others) be used by LingaDore and/or third parties to which receivables are assigned to for:
- Risk analyses.
- The prevention, detection and fight of fraud or irregularities.
Payments ought to be completed to Billink B.V. (hereafter: “Billink”) according to the set payment terms. All rights relating to the payment have been handed over by LingaDore to Billink, who will take care of the collection of all payments. Your details will be registered by or on behalf of Billink, and these details can amongst others be used to collect payments and testing of orders in the execution of the acceptance policy of affiliated organizations. Billink reserves the right to refuse payment on account. The payment term is a fixed deadline. In case a payment is not settled before the expiry date mentioned on the invoice concerned, the customer is in default even without formal notice and Billink is allowed to charge a contractual interest of 0.75% per month (for which a part of a month is considered as a full month) starting from the expiry date mentioned on the invoice. Moreover Billink is allowed by law to debit extrajudicial collection charges to the customer. In case of corporate clients Billink is also entitled to charge reminding- and exhortation costs to these customers, notwithstanding the right of Billink to charge the actual incurred expenses to the customer in case they exceed the former calculated amount. These costs amount to at least 15% of the principal sum with a minimum of 40 euros for consumers and 75 euros for corporate clients. Billink is also authorized to pass on the claim to a third party. In which case all of the above-mentioned with regard to Billink is also legally valid for the third party to who the claim has been passed on.
- In the event of the Client being liquidated, declared bankrupt or granted suspension of payment, the claims of LingaDore on the Client shall become immediately due and payable.
Article 7. Delivery
- LingaDore shall exercise the best possible care when executing the Client’s order. An agreed period of delivery is an indicative period, never a firm deadline.
- The risk of the product(s) forming the subject of the agreement being lost or damaged shall transfer to the Client at the time of delivery, unless otherwise is agreed by parties.
- The order will be delivered at the address given by the Client.
- LingaDore shall execute accepted orders within at least 30 days, unless a longer delivery period was agreed. If the delivery has been delayed or if an order cannot be filled, LingaDore will inform the Client about this within one month after ordering. In such event, the Client is entitled to repudiate the agreement free of charge and LingaDore shall return the amount paid as soon as possible, but within not more than 30 days after repudiation.
Article 8. Conformity and guarantees
LingaDore guarantees that all products comply with the agreement. The products comply with the specifications listed in the offer, and with all reasonable requirements of usability. The products comply with the existing statutory provisions and/or government regulations on the day the agreement was concluded. Products will be deemed to be in accordance with the agreement despite minor discrepancies which are usual in the particular trade, such as (not limited) discrepancies in colour or size.
The Client shall follow (washing-) regulations and instructions of LingaDore and/or the manufacturer at all times. LingaDore cannot guarantee the reliability of the product if instructions and regulations are not properly respected.
The Client who invokes non-conformity shall give LingaDore the opportunity to judge the Client’s appeal.
In case the Client invokes non-conformity and the Client requires the product to be replaced, the replacement becomes property of LingaDore without any right for compensation for the Client.
LingaDore cannot be held liable if the product(s) is/are used in a wrongful way or if the product(s) is/are modified by the Client or any third party.
The guarantee obligations of LingaDore shall never be greater or of longer duration than the guarantee obligations of the supplying party towards LingaDore. All guarantee obligations lapse if the products are modified by the Client or any third party, by inexpert use, lack of care or if the Client does not comply with provided instructions such as washing instructions.
Article 9. Right of withdrawal and cancellation
When purchasing products, the Client has the option to repudiate the agreement without specifying any reasons for a period of fourteen days, starting on the day the product is received. Exclusion of the right of withdrawal is possible for products:
- that were used, damaged or incomplete;
- that cannot be returned due to their nature;
- that will rapidly decay or spoil;
- that are damaged by the Client. In the event of a manufacturing defect, these products are eligible for repair or replacement;
- that are custom made for the Client or which are ordered by LingaDore at the request of the Client;
- that can not be exchanged for hygienic reasons;
- such as completed or redeemed vouchers or coupons.
During this period, the Client shall handle the product and the packaging with care. The Client shall only unpack or use the product to the extent necessary to judge whether he wishes to keep the product.
The Client who wishes to exercise his right of withdrawal (article 8.1) shall return the product with all delivered accessories and in the original condition and packaging to LingaDore. The Client shall act in conformity with LingaDore’s reasonable instructions for withdrawal.
With regard to the return shipping costs, the following policy applies:
- Returns from the Netherlands and Germany are at LingaDore’s expense;
- Returns from Belgium, Luxembourg and all other countries are at the Client’s expense.
Should the Client exercise the right of withdrawal, LingaDore shall return the amount paid as soon as possible, but within not more than 30 days after the return or withdrawal.
Article 10. Cancellation
LingaDore reserves the right to cancel any order (or part thereof) by giving reasonable notice to the Client. In such event, LingaDore shall return any amounts paid as soon as possible, but within not more than 30 days after the cancellation.
The Client may cancel the order at any time before the order is dispatched. Furthermore, the Client retains the right of withdrawal as described in article 9.
Article 11. Force Majeure
LingaDore is not required to comply with any obligation if prevented from doing so as a result of a circumstance that is beyond their control and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted views. LingaDore can suspend his contractual obligations
during the period of force majeure. If the period of force majeure lasts for longer than two months, either party shall be entitled to dissolve the agreement without being obliged to pay any compensation for damages to the other party.
In these general conditions, force majeure is defined – in addition to that which is deemed as such by law and legal precedent – as all circumstances, foreseen or unforeseen, that are beyond the control of LingaDore but which prevent LingaDore from meeting his obligations. That includes strikes at LingaDore’s business.
Article 12. Liability
LingaDore is not liable to the Client for any incidental, indirect, special or consequential damages arising out of or in connection with the agreement. This clause is subject to exception in cases of intentional act or omission on par with gross negligence on the part of LingaDore.
LingaDore’s liability for losses or damage suffered by the Client as a result of the agreement is limited by the amount of which LingaDore’s liability is insured. In the event of the damage, attributable to LingaDore, is not paid by the insurer of LingaDore, the liability of LingaDore will not exceed the costs of the original order.
Article 13. Complaints
On discovery of any defect or problem in or with the products and/or the fulfillment of the agreement, the Client must immediately notify LingaDore in writing of such defect or problem. Complaints can be submitted via firstname.lastname@example.org.
If the complaint is well-founded, LingaDore can:
- repay a proportion of the fee already paid;
- replace the product;
- repay the fee already paid without continuing to execute the agreement. The product shall be sent back to LingaDore.
Complaints do not suspend the payment obligation.
Article 14. Applicable law and disputes
All legal relationships between LingaDore and the Client to which these terms and conditions apply shall be governed by the laws of the Netherlands, with exclusion of the Vienna Sales Convention.
In the absence of mandatory rules of law to the contrary, all disputes between LingaDore and the Client that may arise, and for which a solution cannot be reached by mutual agreement, shall be submitted exclusively to the court in the place of business of LingaDore.
The parties shall not refer a matter to court until they have done their utmost to resolve the dispute in mutual consultation.
By placing an order, the Client accepts to be bound by these general terms and conditions.
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