Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day; 13-12-2022
Subscription contract: a distance contract relating to a series of products and/or services, with delivery and/or purchase obligations spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows 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 withdrawal period;
Entrepreneur: the natural person or legal entity that offers products and/or services remotely to consumers;
Distance contract: a contract concluded within the framework of an organized distance sales system for products and/or services operated by the entrepreneur, using exclusively one or more means of communication at a distance up to and including the conclusion of the contract;
Means of communication at a distance: a means that can be used to conclude a contract without the consumer and entrepreneur being present in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Ludo Ecommerce B.V.
96721189
Kraaivenstraat 23
5048 AB Tilburg
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and order placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably impossible, before the distance contract is concluded, it shall be indicated that the general terms and conditions may be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, 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 save it on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, the trader will indicate where the general terms and conditions can be viewed electronically and that, at the consumer’s request, they will be sent free of charge electronically or by other means.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the provision concerned will be replaced without delay by mutual agreement with a provision that approximates the intent of the original provision as closely as possible.
Situations that are not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The trader is entitled to change and amend the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable consumers to properly assess the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This concerns, in particular:
the price, excluding customs clearance costs and import VAT. These additional costs will be borne by and at the customer's risk. The postal and/or courier service will use the special arrangement for postal and courier services in relation to the import. This arrangement applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT from the recipient of the goods, whether or not together with the customs clearance costs charged;
any shipping costs;
the way in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period during which the trader guarantees the price;
the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication method used;
whether the agreement will be archived after it is concluded and, if so, how the consumer can access it;
the way in which, before concluding the agreement, the consumer can review and, if desired, correct the data provided by them in connection with the agreement;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the trader has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing transaction.
Optional: available sizes, colours, types of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions stipulated therein.
If the consumer has accepted the offer electronically, the business shall promptly confirm receipt of the acceptance electronically. Until the business has confirmed receipt of this acceptance, the consumer may terminate the agreement.
If the agreement is concluded electronically, the business shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the business shall observe appropriate security measures for this purpose.
The business may, within the limits of the law, assess whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this assessment, the business has good reasons not to enter into the agreement, it is entitled to refuse an order or application with reasons, or to attach special conditions to its performance.
The business shall provide the consumer with the following information with the product or service, in writing or in such a way that the consumer can store it accessibly on a durable medium:
- the business's establishment address where the consumer can submit complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about warranties and existing after-sales service;
- the information referred to in Article 4, paragraph 3, of these terms and conditions, unless the business has already provided this information to the consumer before performing the agreement;
- the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.
In the case of a continuing-performance contract, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 30 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the business, receives the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall unpack or use the product only to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the entrepreneur with all accessories supplied and—where reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. The consumer must provide this notification in writing or by email. After notifying the entrepreneur that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.
Article 7 – Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
- That have been produced by the entrepreneur in accordance with the consumer’s specifications;
Article 9 – The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services at variable prices if their prices are subject to fluctuations on the financial market over which the trader has no control. This connection to fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are permitted only if the trader has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.
Pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, the place of delivery is in the country where transportation begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will charge the customer import VAT and/or customs clearance fees. Therefore, the trader will not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of a printing or typographical error, the trader is not obliged to supply the product at the incorrect price.
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. Where agreed, the trader also guarantees that the product is suitable for use other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the consumer’s statutory rights and claims against the trader under the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.
The business’s warranty period corresponds to the manufacturer’s warranty period. However, the business is never responsible for the products’ ultimate suitability for every individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the business’s instructions and/or have been handled contrary to the instructions on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose concerning the nature or quality of the materials used.
Article 11 – Delivery and performance
The business will exercise the utmost care when receiving and carrying out orders for products.
The delivery address is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these general terms and conditions, the company will fulfill accepted orders as soon as reasonably possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge and to claim any applicable compensation.
In the event of dissolution in accordance with the previous paragraph, the business will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If it proves impossible to deliver an ordered product, the business will make every effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment will be borne by the business.
The risk of damage to and/or loss of products remains with the trader until the products are delivered to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 12 – Continuing transactions: duration, cancellation and extension
Cancellation
The consumer may cancel an agreement entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, in accordance with the agreed cancellation rules and with a notice period of no more than one month.
The consumer may cancel an agreement entered into for a specified period that provides for the regular delivery of products (including electricity) or services at any time by the end of the specified period, in accordance with the agreed cancellation rules and with a notice period of no more than one month.
The consumer may cancel the agreements referred to in the previous paragraphs:
cancel at any time and not be restricted to cancellation at a specific time or during a specific period;
cancel at least in the same manner as they entered into the agreement;
always cancel with the same notice period as the trader has stipulated for itself.
Extension
An agreement entered into for a specified period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified period.
By way of derogation from the previous paragraph, an agreement entered into for a specified period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a specified period of no more than three months, if the consumer may cancel the extended agreement by the end of the extension with a notice period of no more than one month.
An agreement entered into for a specified period that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, and with a notice period of no more than three months where the agreement provides for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery, for introductory purposes, of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period.
Term
If an agreement lasts for more than one year, the consumer may terminate it at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the cooling-off period referred to in Article 6, paragraph 1, begins. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is required to notify the business immediately of any inaccuracies in the payment details provided or stated.
In the event of the consumer’s failure to pay, the business has the right, subject to statutory limitations, to charge the reasonable costs previously disclosed to the consumer.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the business fully and clearly described within 7 days after the consumer has identified the defects.
Complaints submitted to the business will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within 14 days with an acknowledgment of receipt and an indication of 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.
A complaint does not suspend the business’s obligations, unless the business indicates otherwise in writing.
If a complaint is found to be justified by the business, the business may, at its discretion, replace or repair the products supplied free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the business and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.