General Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Reflection period: The period within which the consumer can exercise their right of withdrawal;
- Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: Calendar day;
- Long-term transaction: A distance contract relating to a series of products and/or services, where the supply and/or purchase obligation is spread over time;
- Durable medium: Any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: The possibility for the consumer to cancel the distance contract within the reflection period;
- Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: A contract 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 contract, exclusive use is made of one or more means of distance communication;
- Means of distance communication: Means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.
Article 2 – Identity of the Entrepreneur
- Loyal Chains
- Debussystraat 19, 5144 WH Waalwijk, Netherlands
- Chamber of Commerce number: 85496006
- VAT identification number: NL004103670B84
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, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, 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 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 accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. 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 associated with accepting the offer. This includes in particular:
- The price including taxes;
- Any costs of delivery;
- The method by which the agreement will be concluded and what actions are required;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the contract;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- The rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the used means of communication;
- Whether the contract will be archived after it is concluded, and if so, how it can be accessed by the consumer;
- The way in which the consumer, before concluding the contract, can check the information provided by them in the context of the contract and correct it if desired;
- Any other languages besides Dutch in which the contract can be concluded;
- The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically.
Article 5 – The Contract
The contract is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request, with reasons, or to attach special conditions to the execution. The entrepreneur will, together with the product or service, send the consumer 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: a. The visiting address of the entrepreneur's establishment where the consumer can lodge complaints; b. The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. The information on warranties and existing after-sales service; d. The data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract; e. The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 7 days. This reflection period starts the day after the consumer receives the product. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all delivered accessories and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur. For the delivery of services, the consumer has the option to dissolve the contract without giving reasons for at least fourteen days, starting the day of the contract's conclusion. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery. The right of withdrawal does not apply to products and orders made to the buyer's specifications (custom-made) (Article 7:46d, paragraph 4 of the Dutch Civil Code).
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the maximum cost of return shipping will be borne by them. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal to the extent provided in paragraphs 2 and 3. The exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer or at least in time before concluding the contract. Exclusion of the right of withdrawal is only possible for products (in accordance with Article 7:46d, paragraph 4 of the Dutch Civil Code): a. That have been created according to the consumer's specifications; b. That are clearly personal in nature; c. That, by their nature, cannot be returned; d. That are made to order or custom-made for the customer.
Article 9 – The Price
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. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any stated prices are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and: a. They are the result of legal regulations or provisions; or b. The consumer has the authority to terminate the contract as of the day the price increase takes effect. The prices mentioned in the offer of products or services include VAT.
Article 10 – Conformity and Warranty
The product warranty is standard 1 year. This warranty only applies to damage or defects caused by material or manufacturing defects. The entrepreneur guarantees that the product complies with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the contract was concluded. The product is suitable for normal use. Wood is a natural product that will continue to work. The entrepreneur is not responsible for any future natural changes in the product. Normal wear and tear is not covered by this warranty. The buyer is required to act as a good buyer, which includes proper and sufficient maintenance and careful handling of the product. Claims under warranty will lapse in the case of improper use, visible contamination, moisture issues, or damage. Complaints about products must be reported immediately after their discovery. Deviations in the delivered product regarding color, wear resistance, structure, etc., which are technically acceptable according to applicable standards or commercial practices, may limit or exclude the right to warranty and/or compensation. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Article 11 – Delivery and Execution
The entrepreneur will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services. The delivery location is the address that the consumer has made known to the company. In compliance with what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract without any costs and is entitled to possible compensation. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 30 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. The fact that a replacement article is being delivered will be clearly and understandably communicated at the latest upon delivery. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative to the entrepreneur, unless expressly agreed otherwise. Personal delivery costs €0.25 per kilometer.
Article 12 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract. In the sale of products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made. The consumer is obliged to report any inaccuracies in payment data provided or stated to the entrepreneur without delay. In the event of consumer default, the entrepreneur has the right, subject to legal restrictions, to charge the consumer the reasonable costs made known in advance.
Article 13 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure. Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Article 14 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 15 – Additional or Deviating Provisions
Additional provisions or deviations from these general terms and conditions 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.