Terms of service

GENERAL TERMS AND CONDITIONS FOR ONLINE SALES (B2C)

Article 1: Definitions
Leoniya, located in Genk, is referred to as the seller in these general terms and conditions.
The counterparty of the seller is referred to as the buyer in these general terms and conditions.
Parties are the seller and the buyer together.
The agreement refers to the purchase agreement between the parties.

Article 2: Applicability of General Terms and Conditions
These terms and conditions apply to all quotes, offers, agreements, and deliveries of services or goods by or on behalf of the seller.
Deviations from these terms and conditions can only occur if explicitly agreed upon in writing by both parties.

Article 3: Payment
The full purchase price must always be paid immediately in the store. For reservations, a deposit may sometimes be required. In such cases, the buyer will receive proof of reservation and prepayment.
If the buyer does not pay on time, they are in default. If the buyer remains in default, the seller is entitled to suspend obligations until the buyer has fulfilled their payment obligation.
If the buyer remains in default, the seller will proceed with collection. The costs associated with this collection are for the buyer’s account. These collection costs will be calculated according to the Decree on the reimbursement of extrajudicial collection costs.
In the event of liquidation, bankruptcy, seizure, or suspension of payment by the buyer, the seller’s claims against the buyer become immediately due and payable.
If the buyer refuses to cooperate with the execution of the order by the seller, the buyer is still obligated to pay the agreed price to the seller.

Article 4: Offers, Quotations, and Price
Offers are non-binding unless a specific acceptance period is mentioned in the offer. If the offer is not accepted within that period, it expires.
Delivery times in quotations are indicative and do not give the buyer the right to cancel or claim damages if exceeded, unless otherwise explicitly agreed in writing by the parties.
Offers and quotations do not automatically apply to follow-up orders. The parties must explicitly agree on this in writing.
The price mentioned in offers, quotations, and invoices includes the purchase price, VAT, and any other government levies.

Article 5: Right of Withdrawal
The consumer has the right to cancel the agreement within 14 days of receiving the order, without providing any reason (right of withdrawal). The period starts from the moment the consumer receives the entire order.
There is no right of withdrawal when the products are custom-made according to the buyer’s specifications or are perishable.
The consumer can use the seller’s withdrawal form. The seller must provide this form to the buyer immediately upon request.
During the reflection period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, they must return the unused and undamaged product, with all delivered accessories and, if reasonably possible, in the original shipping packaging, following the reasonable and clear instructions provided by the seller.

Article 6: Amendment of the Agreement
If during the execution of the agreement it turns out that it is necessary to change or supplement the tasks to be performed for proper execution, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
If the parties agree that the agreement will be changed or supplemented, the completion time may be affected. The seller will inform the buyer as soon as possible.
If the change or supplement to the agreement has financial and/or qualitative consequences, the seller will inform the buyer in writing in advance.
If the parties have agreed on a fixed price, the seller will indicate the extent to which the change or supplement of the agreement results in exceeding this price.
Notwithstanding the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or supplement is due to circumstances attributable to the seller.

Article 7: Delivery and Transfer of Risk
Once the purchased goods have been received by the buyer, the risk passes from the seller to the buyer.

Article 8: Inspection and Complaints
The buyer is required to inspect the delivered goods at the time of delivery, but in any case, within the shortest possible time. The buyer should check whether the quality and quantity of the goods match the agreement, or at least whether they meet the standards commonly applied in the relevant trade.
Complaints regarding damages, shortages, or loss of delivered goods must be submitted by the buyer in writing to the seller within 10 working days after the delivery date.
If the complaint is upheld within the specified period, the seller has the right to either repair, re-deliver, or refrain from delivering and issue a credit note for that portion of the purchase price.
Minor and/or industry-standard deviations in quality, quantity, size, or finish cannot be attributed to the seller.
Complaints regarding a specific product do not affect other products or parts of the same agreement.
No complaints will be accepted after the goods have been processed by the buyer.

Article 9: Samples and Models
If a sample or model is shown or provided to the buyer, it is presumed to serve only as an indication, and the delivered item does not need to correspond to it unless explicitly agreed upon by the parties.
In agreements related to real estate, references to the area or other dimensions are also presumed to be for indication purposes only, and the delivered property does not need to match them.

Article 10: Delivery
Delivery occurs 'ex works/store/warehouse.' This means all costs are for the buyer.
The buyer is required to take possession of the goods when the seller delivers or arranges for delivery.
If the buyer refuses to take delivery or fails to provide necessary information or instructions for the delivery, the seller is entitled to store the goods at the buyer’s risk and expense.
If the goods are delivered, the seller is entitled to charge any delivery costs.
If the seller requires the buyer’s details to execute the agreement, the delivery time starts once the buyer has provided these details.
Any delivery time stated by the seller is indicative. It is never a strict deadline. If the deadline is exceeded, the buyer must notify the seller in writing.
The seller is entitled to deliver the goods in parts unless otherwise agreed in writing or if partial delivery has no independent value. The seller may invoice these parts separately.

Article 11: Force Majeure
If the seller cannot, cannot timely, or cannot properly fulfill their obligations due to force majeure, they are not liable for the damages suffered by the buyer.
Force majeure includes any circumstance beyond the seller's control, which could not have been foreseen when the agreement was made, and which prevents normal execution of the agreement, such as illness, war, civil war, riots, sabotage, terrorism, power outages, floods, earthquakes, fire, occupation, strikes, lockouts, government measures, transport difficulties, and other disruptions in the seller’s business.
It also includes the situation where the supplier companies on which the seller depends fail to meet their contractual obligations, unless this is due to the seller’s fault.
If such a situation arises and prevents the seller from fulfilling their obligations to the buyer, those obligations are suspended as long as the seller cannot fulfill them. If this situation lasts for 30 calendar days, the parties have the right to terminate the agreement in whole or in part in writing.
If force majeure lasts more than three months, the buyer has the right to immediately terminate the agreement. Termination can only be done by registered letter.

Article 12: Transfer of Rights
A party’s rights under this agreement cannot be transferred without the prior written consent of the other party. This provision is considered a provision with property law effect as referred to in Article 3:83, second paragraph, Dutch Civil Code.

Article 13: Retention of Title and Right of Retention
The goods delivered by the seller remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke their retention of title and take back the goods.
If the agreed advance payments are not made or are made late, the seller has the right to suspend work until the agreed amount is paid. This is considered creditor's default. A delayed delivery cannot be attributed to the seller in this case.
The seller is not authorized to pledge or encumber goods under retention of title.
The seller is obligated to insure the goods delivered under retention of title and keep them insured against fire, explosion, water damage, and theft, and to present the policy on request.

Article 14: Liability
Any liability for damage arising from or related to the execution of an agreement is limited to the amount paid by the liability insurance in the respective case. This amount is increased by the excess under the respective policy.
The seller’s liability for damage caused by intent or gross negligence by the seller or their managerial subordinates is not excluded.

Article 15: Obligation to Complain
The buyer is obligated to immediately report complaints regarding the performed work to the seller. The complaint should contain a detailed description of the defect to enable the seller to respond appropriately.
If the complaint is valid, the seller is required to repair or replace the goods.

Article 16: Warranties
If warranties are included in the agreement, the following applies: The seller guarantees that the sold item meets the agreement, will function without defects, and is suitable for the intended use. This warranty is valid for a period of two calendar years after the buyer has received the goods.
This warranty aims to establish a risk allocation between the seller and the buyer, ensuring that any breach of warranty is fully at the seller’s cost and risk.
The warranty does not apply if the defect arises from improper use or if the buyer or third parties have made changes or attempted to make changes to the product without consent.

Article 17: Applicable Law and Competent Court
Dutch law exclusively applies to every agreement between the parties.
The Dutch court in the district where Leoniya is established or has a practice/office is exclusively competent to adjudicate any disputes between the parties, unless the law provides otherwise.
The application of the Vienna Convention on Contracts for the International Sale of Goods is excluded.
If one or more provisions of these general terms and conditions are considered unreasonable by a court in a legal procedure, the other provisions will remain in effect.