Terms of service
Article 1 General
This website is intended only for consumers who wish to order our products online and have them delivered in the Benelux, Germany, France, or Austria. Commaxx BV does not accept orders intended for delivery outside these countries. By ordering from Commaxx B.V., you agree to and are bound by these terms.
Commaxx B.V. reserves the right to change these terms at any time and without prior notice. However, such a change does not apply to orders placed before the amended terms have been published on this website.
Article 2 Details of Commaxx BV
| Commaxx BV | |
| Registered address: |
Wiebachstraat 37 6466 NG, Kerkrade |
| Email address: | support@lenco.com |
| Chamber of Commerce number: | 63777002 |
| VAT number: | NL855396763B01 |
Article 3 Definitions
In these terms, the following is understood:
Lenco: Commaxx BV (see details under Article 2)
Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these items, digital content, and/or services are delivered by Lenco or by a third party based on an arrangement between that third party and Lenco;
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 Lenco;
Day: calendar day;
Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Model form: the model form for withdrawal that Lenco provides which a consumer can fill out when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance agreement: an agreement in which, within the framework of a system organized by Lenco for the remote sale of products and/or services, the agreement is concluded exclusively using one or more techniques for remote communication;
Technique for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being present in the same space at the same time.
General 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 any kind and however named.
Article 5 Customer conditions are excluded
The consumer expressly waives any (purchase) conditions he may have used, however named and however presented, so that only the present conditions apply to all agreements, including their formation and execution.
Article 6 The offer
| 6.1 | If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. |
| 6.2 | The offer is non-binding. Lenco is entitled to change and adjust the offer. |
| 6.3 | The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If Lenco uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind Lenco. |
| 6.4 | All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. |
| 6.5 | Lenco cannot guarantee that the displayed colors exactly match the actual colors of the products. |
| 6.6 | Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. |
Article 7 The agreement
| 7.1 | The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein. |
| 7.2 | If the consumer has accepted the offer electronically, Lenco will promptly confirm the 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 cancel 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 will ensure a safe web environment. If the consumer can pay electronically, Lenco will take appropriate security measures for this. |
| 7.4 | Lenco may - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If Lenco has good grounds based on this investigation not to enter into the agreement, it is entitled to refuse an order or request with justification or to attach special conditions to the execution. |
| 7.5 |
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 data carrier: a. the visiting address of the Lenco establishment where the consumer can go with complaints; |
| 7.6 | In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. |
| 7.7 | Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products. |
Article 8 Right of Withdrawal
| 8.1 | When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 30 days. This reflection period starts the day after the consumer receives the product or a representative designated by the consumer and communicated to Lenco. |
| 8.2 | 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 establish the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store. |
| 8.3 | The consumer is only liable for the depreciation of the product resulting from handling the product in a manner that exceeds what is permitted in article 8.2. |
| 8.4 | If the consumer exercises their right of withdrawal, they will return the product with all supplied 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, Commaxx BV, of your decision to withdraw from the agreement through an unambiguous statement. You can use the attached model withdrawal form for this purpose. To comply with the withdrawal period, it is sufficient to send your notification regarding your exercise of the right of withdrawal before the withdrawal period has expired. When the consumer wishes to exercise their right of withdrawal, they are required to notify Lenco within 30 days of receiving the product. The consumer can do this through our return program. After the consumer has indicated their intention to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example, by means of a proof of shipment. Returns can also be reported using the model withdrawal form. Download the model form. |
| 8.6 | If the customer has not communicated their intention to exercise their right of withdrawal after the expiration of the periods mentioned in the previous sections of this article, the purchase is final. |
Article 9 Costs in case of withdrawal
| 9.1 | If the consumer exercises their right of withdrawal, Commaxx BV will cover 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 withdrawal. This is on the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly consents to a different payment method. |
| 9.3 | In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any decrease in value of the product. |
| 9.4 | The consumer cannot be held liable for a decrease in value of the product when Lenco has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement. |
Article 10 Exclusion of the right of withdrawal
| 10.1 | Lenco may exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal applies only if Lenco has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement. |
| 10.2 |
Excluded from the right of withdrawal is a consumer purchase concerning the delivery of: a. Products that are made according to your specifications, that are not manufactured, and that are produced based on your individual choice or decision, or that are clearly intended for a specific person. |
Article 11 The price
| 11.1 | During the validity period mentioned in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates. |
| 11.2 | Notwithstanding the previous paragraph, Lenco may offer products or services whose prices are tied to fluctuations in the financial market and over which Lenco has no influence, at variable prices. This tie to fluctuations and the fact that any prices mentioned are indicative prices will be 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 legal regulations or provisions. |
| 11.4 |
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 legal regulations or provisions; or |
| 11.5 | The prices mentioned in the offer of products or services are inclusive of VAT. |
| 11.6 | All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, Lenco is not obliged to deliver the product at the incorrect price. |
Article 12 Conformity and Warranty
| 12.1 | Lenco guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in effect at the time the agreement is concluded. |
| 12.2 | Any defects or incorrectly delivered products must be reported in writing to Lenco within 4 weeks of delivery. Returns of the products must be made in the original packaging and in new condition. |
| 12.3 | The warranty period of Lenco corresponds to the manufacturer's warranty period. However, Lenco is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products. |
| 12.4 | For the complete warranty terms, please refer to our WARRANTY TERMS FOR CONSUMERS. |
Article 13 Delivery
| 13.1 | Lenco will exercise the utmost care in receiving and executing orders for products. |
| 13.2 | The place of delivery is the address that the consumer has communicated to Lenco. |
| 13.3 | Subject to what is stated in paragraph 4 of this article, Lenco will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or if an order cannot be executed or can only be partially 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 cancel the agreement at no cost. The consumer is not entitled to compensation. |
| 13.5 | All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a deadline does not entitle the consumer to compensation. |
| 13.6 | In the event of cancellation 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 cancellation. |
| 13.7 | If delivery of an ordered product proves impossible, Lenco will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are the responsibility 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 previously designated representative known to Lenco, unless expressly agreed otherwise. |
Article 14 Correspondence
| 14.1 | All correspondence will be via email, including, but not limited to, invoices and any payment reminders. |
| 14.2 | The consumer is required to provide an email address to Lenco where they can receive mail; any changes must be communicated to Lenco immediately in the manner prescribed by Lenco. |
| 14.3 | Emails sent by Lenco to the email address provided by the consumer are deemed to be received by the consumer. |
Article 15 Retention of title
| 15.1 | Goods delivered by Lenco to the consumer remain our unalienable property until the moment they have been fully paid, including interest and costs. |
| 15.2 | If and insofar as Lenco can invoke the retention of title, it may reclaim the relevant goods from the consumer at any time. |
| 15.3 | The consumer is not authorized to pledge or otherwise encumber goods that are subject to Lenco's retention of title. |
Article 16 Law
| 16.1 | Dutch law exclusively applies to all agreements between Lenco and the consumer and all offers from www.lenco.com to the consumer, even if an agreement is executed wholly or partially abroad or if the party involved in the legal relationship resides there. |
| 16.2 | The Vienna Sales Convention does not apply. |
| 16.3 | All possible disputes arising from the agreements and offers mentioned in the previous paragraph shall be submitted to the competent court in the District of Limburg. |
Article 17 Indemnification
By placing an order, the consumer indemnifies Lenco from all possible legal actions, fines, and the like that may result from placing the order and the activities arising therefrom.
Article 18 Complaint handling
Complaints regarding the execution of the purchase agreement must be submitted to Lenco as soon as possible after you have identified defects, fully and clearly described. You can submit a complaint via our customer service or by emailing support@lenco.com. You can also make your complaint known through our support chat on the website.
We will respond to complaints submitted to us within 14 days of receipt. If we require a longer processing time, we will confirm within 14 days that we have received the complaint and provide an indication of when you can expect a more detailed response.
Article 19 Other provisions
If one or more provisions of these General Terms and Conditions are invalid or annulled, the validity of the remaining provisions shall remain unaffected, and the invalid or annulled provisions shall be replaced by valid provisions that are as similar in meaning as possible.
Version October 2018