Terms and conditions
Article 1 General
This website is only intended for consumers who want to order our products online and have them delivered in the Netherlands or Belgium. Lenco Benelux B.V. does not accept orders intended for delivery outside the Netherlands or Belgium. By checking the box indicating your acceptance of these terms and conditions when ordering and placing the order, you agree to and are bound by these terms and conditions.
Lenco Benelux B.V. reserves the right to change these terms and conditions at any time without prior notice. However, such a change does not apply to orders placed before the amended terms and conditions are published on this website.
Article 2 Details Lenco Benelux B.V.
|Lenco Benelux B.V.|
|Business address:||Thermiekstraat 1A|
6361 HB Nuth
Article 3 Definitions
In these conditions the following terms have the following meanings:
Lenco: Lenco Benelux B.V. (see for details under Article 2)
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 provided by Lenco or by a third party on the basis of an agreement between them third and Lenco;
Time of reflection: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with Lenco;;
Day: calender day;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form that Lenco makes available that a consumer can fill in if he wishes to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
Distance Agreement: an agreement whereby, in the context of a system organized by Lenco for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;;
Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
Terms and conditions: the present General Terms and Conditions.
Article 4 Purpose, validity and scope of the General Terms and Conditions
These General Terms and Conditions apply to all agreements between Lenco and the consumer and to all offers made by www.lenco.com of whatever nature and by whatever name.
Article 5 Customer terms and conditions are excluded
The consumer explicitly waives any (purchase) conditions used by him, by whatever name and however presented, in such a way that only the present terms and conditions apply to all agreements, including the formation and implementation thereof.
Artikel 6 The offer
|6.1||If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.|
|6.2||The offer is without obligation. Lenco is entitled to change and adapt the offer.|
|6.3||The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Lenco uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for Lenco.|
|6.4||All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.|
|6.5||Lenco cannot guarantee that the colors displayed exactly match the real colors of the products.|
|6.6||Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.|
Article 7 The agreement
|7.1||Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.|
|7.2||If the consumer has accepted the offer electronically, Lenco will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Lenco, the consumer can dissolve the agreement.|
|7.3||If the agreement is concluded electronically, Lenco 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, Lenco will observe appropriate security measures.|
|7.4||Lenco can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Lenco has good reasons not to enter into the agreement, it is entitled to refuse an order or request, with reasons, or to attach special conditions to the execution.|
Lenco will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the Lenco branch where the consumer can go with 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. information about guarantees and existing service after purchase; d. the information included in article 4 paragraph 3 of these terms and conditions, unless Lenco has already provided this information to the consumer prior to the execution of the agreement;
|7.6||In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.|
|7.7||Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.|
Article 8 Right of withdrawal
|8.1||When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 30 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to Lenco.|
|8.2||During the reflection 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 operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.|
|8.3||The consumer is only liable for depreciation of the product that is the result of handling the product that goes further than permitted in Article 8.2.|
|8.4||If the consumer exercises his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to Lenco, in accordance with the reasonable and clear instructions provided by Lenco.|
|8.5||To exercise the right of withdrawal, you must inform us, Lenco B.V, by means of an unambiguous statement of your decision to withdraw from the agreement. You can use the attached model withdrawal form for this. To meet the withdrawal period, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to Lenco within 30 days of receipt of the product. The consumer can make this known through our return program. After the consumer has made it known that he wishes to make use of his right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. Returns can also be reported via the model withdrawal form. Download the model form.|
|8.6||If the customer has not indicated that he wishes to make use of his right of withdrawal after the expiry of the periods referred to in the previous paragraphs of this article, the purchase is a fact.|
Article 9 Costs in case of withdrawal
|9.1||If the consumer exercises his right of withdrawal, Lenco Benelux will bear the costs.|
|9.2||If the consumer has paid an amount, Lenco will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.|
|9.3||In case of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.|
|9.4||The consumer cannot be held liable for a decrease in the value of the product if Lenco does not provide all legally required information about the right of withdrawal, this must be done before the purchase agreement is concluded.|
Article 10 Exclusion of right of withdrawal
|10.1||Lenco can exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if Lenco has stated this clearly in the offer, at least in time for the conclusion of the agreement.|
Excluded from the right of withdrawal is a consumer purchase that relates to the delivery of:
a. Products that are manufactured to your specifications, that are not manufactured and that are manufactured based on your individual choice or decision, or that are clearly intended for a specific person. b. Products whose price is subject to fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period; c. Products that spoil quickly or have a limited shelf life; d. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery; e. Products that are irrevocably mixed with other products after delivery due to their nature; f. Alcoholic drinks of which the price was agreed upon at the conclusion of the Purchase Agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which we have no influence; g. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery; h. Newspapers, magazines or magazines, with the exception of an agreement for the regular delivery of such publications (a subscription);
Article 11 The price
|11.1||During the period of validity stated in the offer, the prices of the products being offered will not be increased, except for price changes due to changes in VAT rates.|
|11.2||Notwithstanding the previous paragraph, Lenco can offer products or services whose prices are subject to fluctuations in the financial market and over which Lenco has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.|
|11.3||Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.|
Price increases from 3 months after the conclusion of the agreement are only permitted if Lenco has stipulated this and:
a.these are the result of statutory regulations or provisions; or b. the consumer has the authority to cancel the contract on the day on which the price increase takes effect.
|11.5||The prices stated in the offer of products or services include VAT.|
|11.6||All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. Lenco is not obliged to deliver the product at the wrong price in the event of printing and typing errors.|
Article 12 Conformity and Warranty
|12.1||Lenco guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.|
|12.2||Any defects or incorrectly delivered products must be reported to Lenco in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.|
|12.3||Lenco's warranty period corresponds to the manufacturer's warranty period. However, Lenco is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.|
|12.4||For the full warranty conditions, we refer to our WARRANTY CONDITIONS FOR CONSUMERS.|
Article 13 Delivery
|13.1||Lenco will take the greatest possible care when receiving and executing orders for products.|
|13.2||The place of delivery is the address that the consumer has made known to Lenco.|
|13.3||With due observance of what is stated in paragraph 4 of this article, Lenco will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. 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.|
|13.4||In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.|
|13.5||All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.|
|13.6||In case of dissolution in accordance with paragraph 3 of this article, Lenco will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.|
|13.7||If delivery of an ordered product proves to be impossible, Lenco will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of Lenco.|
|13.8||The risk of damage and / or loss of products rests with Lenco until the moment of delivery to the consumer or a pre-designated representative made known to Lenco, unless expressly agreed otherwise.|
Article 14 Correspondence
|14.1||All correspondence is sent by email, including, but not limited to, invoices and any payment reminders.|
|14.2||The consumer is obliged to provide an e-mail address to Lenco at which he can receive e-mail; changes thereto must be immediately communicated to Lenco in the manner prescribed by Lenco.|
|14.3||E-mails sent by Lenco to the e-mail address specified by the consumer are deemed to have been received by the consumer.|
Article 15 Retention of title
|15.1||Goods delivered by Lenco to the consumer remain our inalienable property until they have been paid to us in full, including interest and costs.|
|15.2||If and insofar as Lenco can invoke the retention of title, it can reclaim the goods in question from the consumer at any time.|
|15.3||The consumer is not authorized to pledge or encumber in any other way the goods that are subject to the retention of title of Lenco.|
Article 16 Straight
|16.1||All agreements between Lenco and the consumer and all offers from www.lenco.com to the consumer are exclusively governed by Dutch law, even if an agreement is fully or partially implemented abroad or if the party involved in the legal relationship there.|
|16.2||The Vienna Sales Convention does not apply.|
|16.3||All possible disputes arising from the agreements and offers referred to in the previous paragraph will be submitted to the competent court in the District of Limburg.|
Article 17 Disclaimer
By placing an order, the consumer indemnifies Lenco against all possible legal proceedings, fines and the like, which could be the result of placing the order and the activities ensuing from it.
Article 18 Complaint handling
Complaints about the implementation of the purchase agreement must be submitted fully and clearly described to Lenco as soon as possible after you have discovered defects. You can submit a complaint via our customer service or an email to email@example.com You can also submit your complaint via our support chat on the website. We respond to complaints submitted to us within 14 days of receipt. If we require a longer processing time, we will confirm that we have received the complaint within 14 days and will indicate when you can expect a more detailed answer.
Article 19 Other provisions
If one or more provisions of these General Terms and Conditions are null and void or are nullified, this will not affect the validity of the other provisions and the null or nullified provisions will be replaced by valid provisions with the same purport as far as possible.
Version october 2018